Wisconsin Legislature: DHS 134.815(2)(c)3.d.

(2) Definitions. The definitions in the applicable life safety code required under s. DHS 134.82 apply to this subchapter. In addition, in this subchapter:

(a) “Type I facility” means a facility first licensed by the department or the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32 prior to January 23, 1968, or as a public institution serving people with developmental disabilities under ch. H 34 prior to or on November 1, 1972.

(b) “Type II facility” means a facility the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32, or under ch. HSS 3 or 132, on or after January 23, 1968, or which was approved as a public institution serving people with developmental disabilities under ch. H 34 after November 1, 1972, or which applies for approval on or after July 1, 1988, including new construction, an addition to an existing licensed facility and major remodeling, alteration or conversion of a facility.

History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: am. (2) (a) and (b) Register October 2004 No. 586, eff. 11-1-04.

DHS 134.812 Review for compliance with this chapter and the state building code.

(1) The department shall review FDD construction and remodeling plans for compliance with this chapter and for compliance with the state commercial building code, chs. SPS 361 to 365, with the exception of s. SPS 361.31 (3). Where chs. SPS 361 to 365 refer to the department of safety and professional services, those rules shall be deemed for the purposes of review under this chapter to refer to the department of health services.

(2) The department shall have 45 working days from receipt of an application for plan review and all required forms, fees, plans and documents to complete the review and approve the plan, approve the plan with conditions or deny approval for the plan.

History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; 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.

DHS 134.815 Fees for plan reviews.

(1) Requirement. Before the start of any construction or remodeling project for an FDD, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. DHS 134.84 (1), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.

(2) Fee schedule.

(a) General. The department shall charge a fee for the review under s. DHS 134.812 of plans for an FDD capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, in accordance with par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).

(b) Fee part based on project dollar value. The part of the fee based on project dollar value shall be as follows:

1. For projects with an estimated dollar value of less than $5,000, $100;

2. For projects with an estimated dollar value of at least $5,000 but less than $25,000, $300;

3. For projects with an estimated dollar value of at least $25,000 but less than $100,000, $500;

4. For projects with an estimated dollar value of at least $100,000 but less than $500,000, $750;

5. For projects with an estimated dollar value of at least $500,000 but less than $1 million, $1,500;

6. For projects with an estimated dollar value of at least $1 million but less than $5 million, $2,500; and

7. For projects with an estimated dollar value of $5 million or more, $5,000.

1. ‘General.’ The part of the fee based on total gross floor area shall be as provided in Table 134.815 subject to the conditions set out in this paragraph.

2. ‘Building, heating and ventilation.’ The fees in Table 134.815 apply to the submittal of all building and heating, ventilation and air conditioning (HVAC) plans. A fee for review of plans shall be computed on the basis of the total gross floor area of each building.

- See PDF for table

- See PDF for table

3. ‘Scope of fee.’ The fees indicated in Table 134.815, relating to building and heating, ventilation and air conditioning plans, includes the plan review and inspection fee for all components, whether submitted with the original submittal or at a later date. Components covered by that fee are:

a. Building plans;

b. Heating, ventilation and air conditioning plans;

c. Bleacher plans for interior bleachers only;

d. Fire escape plans;

e. Footing and foundation plans; and

f. Structural component plans, such as plans for floor and roof trusses, precast concrete, laminated wood, metal buildings, solariums and other similar parts of the building.

4. ‘Building alteration.’

a. The examination fee for review of plans for alteration of existing buildings and structures undergoing remodeling or review of tenant space layouts shall be determined in accordance with Table 134.815 on the basis of the gross floor area undergoing remodeling.

b. The fee specified in subd. 4. a. shall be based on the actual gross square footage of the area being remodeled. When remodeling of an individual building component affects building code compliance for a larger area, the fee shall be computed on the basis of the total square footage of the affected area.

(d) Total fee for review of plans. To determine the total fee for review of plans, the department shall:

1. Add the fee parts from pars. (b) and (c); and

2. Multiply the sum obtained in subd. 1. by 0.95.

(e) Other fee provisions related to review of plans.

1. ‘Fee for miscellaneous plans.’ Miscellaneous plans are plans that have no building or heating, ventilation or air conditioning plan submissions and for which there may not be an associated area. The fee for a miscellaneous plan shall be $250. This fee is for plan review and inspection. Miscellaneous plans include:

a. Footing and foundation plans submitted prior to the submission of the building plans;

b. Plans for industrial exhaust systems for dust, fumes, vapors and gases, for government-owned buildings only;

c. Spray booth plans, for government-owned buildings only;

d. Stadium, grandstand and bleacher plans, and interior bleacher plans submitted as independent projects;

e. Structural plans submitted as independent projects, such as docks, piers, antennae, outdoor movie screens and observation towers; and

f. Plans for any building component, other than building and heating, ventilation and air conditioning, submitted following the final inspection by the department.

2. ‘Fee for permission to start construction.’ The fee for permission to start construction shall be $80. This fee shall apply to those applicants proposing to start construction prior to the approval of the plans by the department.

3. ‘Fee for plan revision.’ The fee for revision of previously approved plans shall be $100. 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.

4. ‘Fee for extension of plan approval.’ The examination fee for a plan previously approved by the department for which an approval extension [is requested] beyond the time limit specified in this chapter shall be $75 per plan.

Note: Missing text is shown in brackets.

5. ‘Collection of fees.’ Fees shall be remitted at the time the plans are submitted. No plan examinations, approvals or inspections may be made until fees are received.

6. ‘Handling and copying fees.’

a. The department shall charge a handling fee of $50 per plan to the submitting party for any plan that is submitted to the department, entered into the department’s system and subsequently requested by the submitting party to be returned prior to departmental review.

b. The department may charge a photocopying fee of 25 cents per page to anyone who requests copies of construction or remodeling plans, except that a fee of $5 per plan sheet shall be charged for reproduction of plan sheets larger than legal size.

(3) Handling and copying fees.

(a) The department shall charge a handling fee of $50 per plan to the submitting party for any plan which is submitted to the department, entered into the department’s system and then the submitting party requests that it be returned prior to review.

(b) The department may charge a photocopying fee of 25 cents per page to anyone who requests copies of construction or remodeling plans, except that a fee of $5 per plan sheet shall be charged for reproduction of plan sheets larger than legal size.

History: Emerg. cr. eff. 1-1-94; cr. Register, August, 1994, No. 464, eff. 9-1-94; emerg. r. and recr. eff. 7-1-96; r. and recr. (2), Register, December, 1996, No. 492, eff. 1-1-97; CR 03-033: am. (1) and (2) (a) Register December 2003 No. 576, eff. 1-1-04.

DHS 134.82 Life safety code.

(1) Applicability. Facilities shall meet the applicable provisions of the 2012 edition of the Life Safety Code.

Note: Copies of the 2012 Life Safety Code and related codes are on file in the Department’s Division of Quality Assurance and the Legislative Reference Bureau, and may be obtained from the National Fire Protection Association, Batterymarch Park, Quincy, MA 02169.

(2) Fire safety equivalency determination. An existing facility that does not meet all the requirements of the applicable Life Safety Code may be considered in compliance with it if it achieves a passing score on the Fire Safety Evaluation System (FSES), developed by the U.S. Department of Commerce, National Bureau of Standards, to establish safety equivalencies under the Life Safety Code.

(3) Resident safety.

(a) Plan for emergencies.

1. Each facility shall have a written plan to be followed in case of fire, a tornado warning, a missing resident or other emergency which shall specify persons to be notified, locations of alarm signaling devices and fire extinguishers, evacuation routes, a procedure for evacuating helpless residents, the frequency of fire drills and assignment of specific tasks and responsibilities to the staff on each shift and personnel from each discipline.

2. The plan shall be developed with the assistance of qualified fire and safety experts, including the local fire protection authority.

3. All employees shall be oriented to the plan and trained to perform assigned tasks, and shall be familiar with the use of the facility’s fire protection features.

4. The plan and evacuation procedures shall be posted at suitable visible locations in the corridors throughout the facility and shall include a diagram of the immediate floor area showing the exits, location of fire alarms, evacuation routes and locations of fire extinguishers.

5. The facility administrator shall clearly communicate the plan and evacuation procedure to staff and shall periodically review the plan and evacuation procedures with staff.

6. The facility administrator shall periodically evaluate the effectiveness of the plan and evacuation procedures.

(b) Evacuation drills.

1. The facility shall hold evacuation drills at least quarterly on each shift and under varied conditions. The facility shall actually evacuate residents to a safe area during one drill a year on each shift.

2. The facility shall make special provisions for evacuating individuals with physical disabilities during drills.

3. Facility staff shall write a report and evaluation of each evacuation drill and shall keep a copy of the report on file.

4. The facility administrator shall investigate all problems with evacuation drills, including accidents, and take corrective action to prevent similar problems in the future.

1. At least semi-annual inspection of the facility shall be made by the local fire authority. Signed certificates of these inspections shall be kept on file in the facility;

2. Certification in writing shall be obtained from the local fire authority for the adequacy of the facility’s written fire plan, including procedures for orderly evacuation of residents, as well as the fire safety of the facility. A copy of the certification shall be kept on file within the facility; and

3. If the facility is located in a city, village or township that does not have an officially established fire department, a continuing contract for fire protection service with the nearest municipality providing the service shall be obtained. The contract or a copy of it shall be kept on file in the facility.

(d) Fire equipment.

1. All fire equipment shall be maintained in readily usable condition and inspected annually. A fire extinguisher suitable for grease fires shall be provided in or adjacent to the kitchen. Each extinguisher shall be provided with a tag on which the date of the last inspection is indicated.

2. Extinguishers shall be mounted on walls or posts where they are clearly visible and at a height that is convenient for staff and residents. No extinguisher may be tied down, locked in a cabinet, placed in a closet or placed on the floor.

(e) Fire report. All incidents of fire in a facility shall be reported in writing to the department’s division of quality assurance within 72 hours.

Note: The address of the Division of Quality Assurance is P.O. Box 2969, 1 W. Wilson St., Madison, WI, 53701-2969 (phone 608-266-8481).

(f) Smoking. Facilities shall have and enforce a policy and rules to ensure that smoking materials are used safely.

(g) Prevention of ignition. Open-flame lights are not permitted, except as provided by law. Heat-producing devices and piping shall be designed or enclosed to prevent the ignition of clothing and furnishings.

(h) Floor coverings. All floor coverings and edging shall be securely fastened to the floor or constructed so that they are slip-resistant and free of hazards such as curled or broken edges. If the facility serves residents who crawl, a resilient non-abrasive and slip-resistant surface, or non-abrasive carpeting, shall be provided. Scatter rugs not meeting the above criteria are prohibited.

(i) Roads and sidewalks. Walkways and roads leading into and out of the facility shall be kept passable and open at all times of the year. Walkways, drives, fire escapes and other means used for exiting to a public way shall be kept free of ice, snow and other obstructions.

History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: r. and recr. (1), r. (2) and table 134.82, renum. (3) and (4) to be (2) and (3) Register October 2004 No. 586, eff. 11-1-04; correction in (3) (e) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR 16-087: am. (1) Register September 2017 No. 741, eff. 10-1-17; correction in (1) made under s. 35.17, Stats., Register September 2017 No. 741; CR 20-067: am. (3) (f) Register December 2021 No. 792, eff. 1-1-22; CR 20-068: am. (3) (b) 2. Register December 2021 No. 792, eff. 1-1-22.