Chapter DHS 134

DHS 134.83(8)(h) (h) Ventilation.

DHS 134.83(8)(h)1. 1. The facility shall be well-ventilated through the use of windows or mechanical ventilation or a combination of both. No room may be used for living or sleeping purposes that does not have at least one openable window leading to the outside and direct outside ventilation by means of windows, louvers, or air conditioning or other mechanical ventilation. Other rooms and areas which do not have outside windows and which are used by residents or staff shall be provided with functioning mechanical ventilation to change the air on a basis commensurate with the type of use.

DHS 134.83(8)(h)2. 2. Kitchens, bathrooms, janitor closets and soiled linen rooms shall be ventilated.

DHS 134.83(8)(h)3. 3. In type II facilities:

DHS 134.83(8)(h)3.a. a. When mechanical ventilation is provided, the resident area corridors and the lounge, dining, living and recreation areas shall be under positive pressure; and

DHS 134.83(8)(h)3.b. b. No transom, louver or grill may be in or above a resident room door exiting to a corridor.

DHS 134.83(8)(i) (i) Electrical.

DHS 134.83(8)(i)1. 1. In all facilities nonconductive wall plates shall be provided for electrical outlets if the system is not properly grounded.

DHS 134.83(8)(i)2. 2. In newly constructed facilities at least 2 duplex-type wall outlets shall be provided in close proximity to each resident bed.

DHS 134.83 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; correction in (8) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction in (8) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; CR 04-053: am. (4) (a) and (8) (a) 2., r. (5) (b), (c) and (d) Register October 2004 No. 586, eff. 11-1-04; corrections in (5) (e) 1. and (6) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 20-068: am. (5) (g) Register December 2021 No. 792, eff. 1-1-22.

DHS 134.84 DHS 134.84 Design.

DHS 134.84(1) (1) Submission of plans and specifications.

DHS 134.84(1)(a) (a) For all new construction:

DHS 134.84(1)(a)1. 1. One copy of the schematic and preliminary plans shall be submitted to the department for review and approval of the functional layout; and

DHS 134.84(1)(a)2. 2. One copy of the working plans and specifications shall be submitted to the department for review and approval before construction is begun. The department shall notify the facility in writing of any divergence in the plans and specifications, as submitted, from the rules in this chapter.

DHS 134.84(1)(b) (b) The plans and specifications required under par. (a) shall show the general arrangement of the building, including a room schedule, fixed equipment for each room and room numbers, together with other pertinent information. Plans submitted shall be drawn to scale.

DHS 134.84(2) (2) Resident rooms.

DHS 134.84(2)(a) (a) Assignment of residents. Except as provided in s. DHS 134.31 (3) (f) 1., residents of different sexes shall be separated by means of separate wings, floors or rooms.

DHS 134.84(2)(b) (b) Location.

DHS 134.84(2)(b)1. 1. No resident bedroom may:

DHS 134.84(2)(b)1.a. a. Open directly to a kitchen or laundry;

DHS 134.84(2)(b)1.b. b. Be located so that a person must pass through the bedroom to get to any other part of the facility;

DHS 134.84(2)(b)1.c. c. Be located so that a person must pass through a toilet room or bathroom to get to any other part of the facility;

DHS 134.84(2)(b)1.d. d. Be located so that a person must pass through a kitchen or laundry to get to the resident’s room; or

DHS 134.84(2)(b)1.e. e. Be located so that a person must pass through a kitchen or laundry to get to any other part of the facility.

DHS 134.84(2)(b)2. 2. Each resident bedroom shall:

DHS 134.84(2)(b)2.a. a. Open directly into a corridor;

DHS 134.84(2)(b)2.b. b. Have an outside window or door that is openable;

DHS 134.84(2)(b)2.c. c. Be at or above street grade level; and

DHS 134.84(2)(b)2.d. d. In type II facilities, have walls that extend from floor to ceiling.

DHS 134.84(2)(c) (c) Size.

DHS 134.84(2)(c)1. 1. Bedrooms in existing facilities shall have a floor area of at least 60 square feet per bed in multiple resident bedrooms and 80 square feet in single resident bedrooms, exclusive of vestibule, closets, built-in vanity and wardrobe, toilet rooms and built-in lockers.

DHS 134.84(2)(c)2. 2. Bedrooms in new facilities shall have a floor area of at least 80 square feet per bed in multiple resident rooms and 100 square feet in single rooms, exclusive of vestibule, closets, built-in vanity and wardrobe, toilet rooms and built-in lockers.

DHS 134.84(2)(c)3. 3. In all facilities, the ceiling height in bedrooms shall be a minimum of 7 feet, 6 inches.

DHS 134.84(2)(d) (d) Bed capacity. No more than 4 residents may occupy a room.

DHS 134.84(2)(e) (e) Bed arrangement. The beds shall be arranged so that they are at least 3 feet apart, and a clear aisle space of at least 3 feet shall be provided between any bed and the entrance to the room.

DHS 134.84(2)(f) (f) Windows. In type II facilities, the bottom sill of windows in residents’ rooms shall be no more than 3 feet from the floor.

DHS 134.84(2)(g) (g) Closet space. A closet or locker shall be provided for each resident in the resident’s bedroom. Space allowed for each closet or locker shall be at least 15 inches wide by 18 inches deep by 5 feet in height, with clothes racks and shelves accessible to the resident.

DHS 134.84(2)(h) (h) Room identification. Each bedroom shall be identified with a unique number placed on or near the door.

DHS 134.84(2)(i) (i) Design and proximity to baths. Residents’ rooms shall be designed and equipped for the comfort of residents and shall be designed and equipped for the privacy of residents unless specifically contraindicated by program needs. Each bedroom shall have within it or adjacent to it, or shall be conveniently located near, adequate toilet and bathing facilities.

DHS 134.84(3) (3) Toilet and bathing facilities.

DHS 134.84(3)(a) (a) General. All lavatories shall have both hot and cold running water. Toilets shall be water-flushed and equipped with open front seats without lids.

DHS 134.84(3)(b) (b) Employee and family facilities. Toilets, baths and lavatories for use by employees and family members shall be separate from those used by residents, except in small facilities.

DHS 134.84(3)(c) (c) Facilities for persons with physical disabilities. Resident bathrooms and bathroom appliances shall be equipped for use by individuals with physical disabilities.

DHS 134.84(3)(d) (d) Grab bars. Grab bars shall be installed and firmly secured in toilet and bathing compartments.

DHS 134.84(3)(e) (e) Wheelchair access. On floors housing residents who use wheelchairs there shall be at least one toilet room large enough to accommodate wheelchairs.

DHS 134.84 Note Note: Requirements for wheelchair access to toilets in health care facilities are contained in ch. SPS 362.

DHS 134.84(3)(f) (f) Resident toilet and bathing facilities. In all facilities:

DHS 134.84(3)(f)1. 1. Separate toilet and lavatory facilities shall be provided for males and females in at least the following numbers:

DHS 134.84(3)(f)1.a. a. One toilet and one lavatory for every 8 female residents; and

DHS 134.84(3)(f)1.b. b. One toilet and one lavatory for every 8 male residents. One urinal may be substituted for one toilet for every 24 ambulatory male residents.

DHS 134.84(3)(f)2. 2. One bathtub or shower shall be provided for every 20 residents, but in no case may there be fewer than 2 bathing facilities.

DHS 134.84(3)(f)3. 3. Each bathtub, shower and toilet shall be separated in such a manner that it can be used independently and afford privacy, unless specifically contraindicated by program needs, and shall be located on the same floor as the bedrooms of the residents who use it.

DHS 134.84(4) (4) Dining, recreation and activity areas.

DHS 134.84(4)(a) (a) Multipurpose room area. Each facility and each building housing residents within a facility complex shall have at least one furnished room or area, located near the residents’ bedrooms, which can be used for dining, activity therapy or social activities of residents. This room or area, exclusive of walkways, shall provide a minimum of 15 square feet per resident except that in new construction minimum square footage per resident shall be as follows:

DHS 134.84(4)(a)1. 1. For facilities with 16 or fewer residents, 60 square feet per resident;

DHS 134.84(4)(a)2. 2. For facilities with 17 to 25 residents, 50 square feet per resident;

DHS 134.84(4)(a)3. 3. For facilities with 26 to 50 residents, 30 square feet per resident; and

DHS 134.84(4)(a)4. 4. For facilities with more than 50 residents, 25 square feet per resident.

DHS 134.84(4)(b) (b) Sufficiency of space in multipurpose rooms or areas. If a multipurpose room is used for dining, diversional, social and other resident activities, there shall be sufficient space in the room for these activities or the activities shall be scheduled in such a way as to accommodate all activities and minimize their interference with each other.

DHS 134.84(4)(c) (c) Dining area. Every facility or every building housing residents within a facility complex shall have at least one furnished dining room large enough to seat at least half of the residents at one time. Television trays or portable card tables may not be used as dining tables. Under no circumstances may the dining room be used as a bedroom.

DHS 134.84(5) (5) Food service.

DHS 134.84(5)(a) (a) General. Every facility shall have a kitchen which shall be adequate to meet food service needs and shall be arranged and equipped for the refrigeration, storage, preparation and serving of food, as well as for dish and utensil cleaning and refuse storage and removal.

DHS 134.84(5)(b) (b) Type I facilities. In type I facilities:

DHS 134.84(5)(b)1. 1. The kitchen shall be located on the premises, or a sanitary method of transporting food shall be provided;

DHS 134.84(5)(b)2. 2. Kitchen and food preparation areas may not open into resident rooms, toilet rooms or a laundry room or area;

DHS 134.84(5)(b)3. 3. Adequate and convenient handwashing facilities shall be provided in the kitchen for use by food handlers, including hot and cold running water, soap and sanitary towels. Use of a common towel is prohibited;

DHS 134.84(5)(b)4. 4. At least a 2-compartment sink for manual dishwashing shall be provided in kitchen or dishwashing areas. A 3-compartment sink shall be provided when replacement is necessary; and

DHS 134.84(5)(b)5. 5. Rooms subject to sewage backflow or to condensation or leakage from overhead water or waste lines may not be used for food storage or preparation unless the food is effectively protected from contamination, which may involve storing the food a minimum of 6 inches above the floor, insulating water pipes or providing another means of preventing contamination of the food.

DHS 134.84(5)(c) (c) Type II facilities. In type II facilities:

DHS 134.84(5)(c)1. 1. Kitchen and dietary facilities shall be provided to meet food service needs and shall be arranged and equipped for proper refrigeration, heating, storage, preparation and serving of food. Adequate space shall be provided for proper refuse handling and washing of waste receptacles, and for storage of cleaning compounds;

DHS 134.84(5)(c)2. 2. Only traffic into and through kitchens incidental to the receiving, preparation and serving of food and drink shall be permitted;

DHS 134.84(5)(c)3. 3. Toilet facilities may not open directly into the kitchen;

DHS 134.84(5)(c)4. 4. Food day storage shall be provided adjacent to the kitchen and shall be ventilated to the outside, except in small facilities;

DHS 134.84(5)(c)5. 5. A separate handwashing sink with soap dispenser, single-service towel dispenser or other approved hand-drying device shall be located in the kitchen, except in small facilities;

DHS 134.84(5)(c)6. 6. A separate dishwashing area, preferably a separate room with mechanical ventilation, shall be provided, except in small facilities;

DHS 134.84(5)(c)7. 7. For manual dishwashing:

DHS 134.84(5)(c)7.a. a. At least a 2-compartment sink shall be provided; and

DHS 134.84(5)(c)7.b. b. For all new construction or replacements, a 3-compartment sink with adequate drainboards at each end is required. In addition, a single-compartment sink located adjacent to the soiled utensil drainboard is recommended for prewashing. In lieu of the additional sink for prewashing, a well-type garbage disposal with overhead spray wash shall be provided. The additional sink may also be used for liquid waste disposal. The size of each sink compartment shall be adequate to permit immersion of at least 50% of the largest utensil used;

DHS 134.84(5)(c)8. 8. Except in small facilities, mechanical dishwashers, where provided, shall be on the national sanitation foundation’s list of approved food service equipment, or shall be approved by the department;

DHS 134.84 Note Note: The National Sanitation Foundation’s “Listing of Food Service Equipment” is kept on file and may be consulted in the offices of the Department’s Bureau of Public Health and the Legislative Reference Bureau. The publication may be purchased from the National Sanitation Foundation, NSF Building, P.O. Box 1468, Ann Arbor, Michigan 48106.

DHS 134.84(5)(c)9. 9. Except in small facilities, temperature gauges shall be provided in the wash compartment of all mechanical dishwashers and in the rinse water line at the machine of a spray-type mechanical dishwasher or in the rinse water tank of an immersion-type dishwasher. The temperature gauges shall be readily visible, fast-acting and accurate to plus or minus 2º F. or 1º C;

DHS 134.84(5)(c)10. 10. Except in small facilities, approved automatic fire extinguishing equipment shall be provided in hoods and attached ducts above all food cooking equipment;

DHS 134.84(5)(c)11. 11. The walls of the kitchen shall be of plaster or equivalent material with smooth, light-colored, nonabsorbent and washable surfaces;

DHS 134.84(5)(c)12. 12. The ceiling in the kitchen shall be of plaster or equivalent material with smooth, light-colored, nonabsorbent and washable surfaces;

DHS 134.84(5)(c)13. 13. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, except the eating areas of dining rooms, shall be of a construction that is nonabsorbent and easily cleaned;

DHS 134.84(5)(c)14. 14. All openings to the out-of-doors from kitchen or food service areas shall be effectively screened. Screen doors shall be self-closing;

DHS 134.84(5)(c)15. 15. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well-lighted; and

DHS 134.84(5)(c)16. 16. Rooms subject to sewage backflow or to condensation or leakage from overhead water or waste lines may not be used for food storage or preparation unless the food is effectively protected from contamination, which may involve storing the food a minimum of 6 inches above the floor, insulating water pipes or providing another means of preventing contamination of the food.