Wisconsin Legislature: DCF 52.55(11)(a)

1. Except as provided under subd. 2., a building housing residents shall have, at a minimum, a smoke detection system to protect the entire building. That system shall either trigger alarms throughout the building or trigger an alarm located centrally. The alarm shall be audible throughout the building when the detector activates.

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.

3. A smoke detection system shall be installed in accordance with the manufacturer’s instructions.

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

5. A center shall have a smoke detector located in at least the following locations in each building housing residents:

a. In the basement.

b. At the head of every open stairway.

c. At the door on each floor level leading to every enclosed stairway.

d. In every corridor, spaced in accordance with the manufacturer’s separation specifications.

e. In each common use room, including every living room, dining room, family room, lounge and recreation area.

f. In each sleeping area of each living unit or within 6 feet from the doorway of each sleeping area.

6. Smoke detectors shall not be installed in a kitchen.

(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.

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

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.

(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.

(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:

(a) Facility fire emergency plans and evacuation procedures.

(b) Fire extinguisher use.

(9) Flammables.

(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.

(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.

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

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

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

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

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

(11) Prohibited heating and cooking devices.

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

(b) Bedrooms may not contain cooking devices.

(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.

(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.

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 Carbon monoxide detector.

(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.

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

(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.

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

DCF 52.56 General safety and sanitation.

(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.

Note: Chapter DHS 190 has been repealed.

(2) Maintenance.

(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.

(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.

(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.

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

(5) Exits.

(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.

(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.

(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.

(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.

(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.

(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.

(10) Psychiatric screening.

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

(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.

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

(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.

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

(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.

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

(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.

(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.

(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).

Note: Chapter DHS 190 has been repealed.

(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.

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

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

(21) Tobacco products.

(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.

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

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

(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:

(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.

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

(24) Recreational pursuits.

(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.

(b) Adventure-based experiences.

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.

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.

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.

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.

Subchapter VII — Specialized Programs

DCF 52.57 Exceptions and additional requirements for type 2 programs.

(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.

(2) Type 2 program compliance.

(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.