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subch. IX of ch. DHS 83Subchapter IX — Safety
DHS 83.47DHS 83.47Fire safety requirements.
DHS 83.47(1)(1)Evacuation capabilities.
DHS 83.47(1)(a)(a) If the time it takes for any resident to evacuate is more than 2 minutes and up to 4 minutes, with or without employee assistance, the CBRF shall have all of the following:
DHS 83.47(1)(a)1.1. Vertical smoke separation between all floors.
DHS 83.47(1)(a)2.2. Rated stair enclosure as required under ch. SPS 361.
DHS 83.47(1)(a)3.3. Externally monitored smoke detection system with back up battery supply as required under s. DHS 83.49 (2) (e), unless the CBRF is equipped with a sprinkler system as required under s. DHS 83.48 (8).
DHS 83.47(1)(b)(b) If a resident has an evacuation time of 4 or more minutes, with or without employee assistance, the CBRF shall have all of the following:
DHS 83.47(1)(b)1.1. Sprinkler system as required under s. DHS 83.48 (8).
DHS 83.47(1)(b)2.2. Vertical smoke separation between all floors.
DHS 83.47(1)(b)3.3. Rated stair enclosure as required under ch. SPS 361.
DHS 83.47(1)(b)4.4. Twenty-four hour awake qualified resident care staff.
DHS 83.47(1)(c)(c) If a resident cannot be safely evacuated from their bedroom as determined by the CBRF’s assessment, the CBRF shall instruct the resident to remain in the resident’s bedroom and the CBRF shall meet all of the following requirements:
DHS 83.47(1)(c)1.1. Be sprinklered as required under s. DHS 83.48 (8).
DHS 83.47(1)(c)2.2. Notify the local fire department and identify the specific residents using point of rescue, and provide an up-to-date floor plan identifying where those resident rooms are located.
DHS 83.47(1)(c)3.3. Have vertical smoke separation between all floors.
DHS 83.47(1)(c)4.4. Have 24 hour awake qualified resident care staff.
DHS 83.47(2)(2)Emergency and disaster plan.
DHS 83.47(2)(a)(a) Written plan. The CBRF shall have a written plan for responding to emergencies and disasters that is readily available to all employees. The plan shall specify the responsibilities of employees. The plan shall include all of the following:
DHS 83.47(2)(a)1.1. Procedures for orderly evacuation or other department-approved response during an emergency or disaster. The plan shall include procedures for any resident who refuses to follow evacuation or emergency procedures.
DHS 83.47(2)(a)2.2. The CBRF’s response to serious illness or accidents.
DHS 83.47(2)(a)3.3. Procedures to follow when a resident is missing.
DHS 83.47(2)(a)4.4. The CBRF’s preparation for and response to severe weather including tornado and flooding.
DHS 83.47(2)(a)5.5. A route to dry land when the CBRF is located in a flood plain.
DHS 83.47(2)(a)6.6. Location of an emergency shelter for the residents.
DHS 83.47(2)(a)7.7. A means of transporting residents to the emergency shelter.
DHS 83.47(2)(a)8.8. How meals and medications will be provided to residents at the emergency shelter.
DHS 83.47(2)(b)(b) Exit diagram. The disaster plan shall have an exit diagram that shall be posted on each floor of the CBRF used by residents in a conspicuous place where it can be seen by the residents. The diagram shall identify the exit routes from the floor, including internal horizontal exits under par. (f) when applicable, smoke compartments or a designated meeting place outside and away from the building when evacuation to the outside is the planned response to a fire alarm.
DHS 83.47(2)(c)(c) Emergency and disaster procedures. Fire, tornado, flooding or other emergency or disaster procedures shall be clearly communicated to a new resident within 72 hours after admission.
DHS 83.47(2)(d)(d) Fire drills.
DHS 83.47(2)(d)1.1. Fire evacuation drills shall be conducted at least quarterly with both employees and residents. Drills shall be limited to the employees scheduled to work at that time. Documentation shall include the date and time of the drill and the CBRF’s total evacuation time. The CBRF shall record residents having an evacuation time greater than the time allowed under s. DHS 83.35 (5) and the type of assistance needed for evacuation. Fire evacuation drills may be announced in advance.
DHS 83.47(2)(d)2.2. At least one fire evacuation drill shall be held annually that simulates the conditions during usual sleeping hours. Fire evacuation drills may be announced in advance. Drills shall be limited to the employees scheduled to work during the residents’ normal sleeping hours.
DHS 83.47(2)(e)(e) Other evacuation drills. Tornado, flooding, or other emergency or disaster evacuation drills shall be conducted at least semi-annually.
DHS 83.47(2)(f)(f) Horizontal evacuation. The CBRF shall have approval from the department before including horizontal evacuation in the emergency and disaster plan. CBRFs using horizontal evacuation shall document the total evacuation time of the fire zone evacuated.
DHS 83.47(2)(g)(g) Use of area of refuge. The local fire department shall be made aware of the areas of refuge, if any, and the potential number of residents who would use the areas of refuge. Evacuation procedures involving fire department personnel shall be conducted at the option of the fire department. CBRFs using areas of refuge shall comply with construction requirements under s. DHS 83.51.
DHS 83.47(2)(h)(h) Posting of emergency phone numbers. The phone numbers for emergency services shall be posted near phones used by CBRF employees.
DHS 83.47(3)(3)Fire inspection. The CBRF shall arrange for an annual inspection by the local fire authority or certified fire inspector and shall retain fire inspection reports for 2 years.
DHS 83.47(4)(4)Fire extinguisher.
DHS 83.47(4)(a)(a) At least one portable dry chemical fire extinguisher with a minimum 2A, 10-B-C rating shall be provided on each floor of the CBRF. All fire extinguishers shall be maintained in readily usable condition. Inspections of the fire extinguisher shall be done by a qualified professional one year after initial purchase and annually thereafter. Each fire extinguisher shall be provided with a tag documenting the date of inspection.
DHS 83.47(4)(b)(b) A fire extinguisher shall be mounted on a wall or a post or in an unlocked wall cabinet used exclusively for that purpose. Fire extinguishers shall be clearly visible. The route to the fire extinguisher shall be unobstructed and the top of the fire extinguisher shall not be over 5 feet high. The extinguisher shall not be tied down, locked in a cabinet or placed in a closet or on the floor. Fire extinguishers on upper floors shall be located at the top of each stairway. Extinguishers shall be located so the travel distance between extinguishers does not exceed 75 feet. The extinguisher on the kitchen floor level shall be mounted in or near the kitchen.
DHS 83.47(5)(5)Smoking. Each CBRF shall develop and implement a written policy on smoking. The policy shall designate areas where smoking is permitted, if any, and shall be clearly communicated to residents. Designated smoking areas shall be well ventilated or have an alternate means of eliminating smoke.
DHS 83.47 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (1) (a) 2., (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
DHS 83.48DHS 83.48Fire protection systems.
DHS 83.48(1)(1)Interconnected smoke and heat detection system.
DHS 83.48(1)(a)(a) Except as provided under sub. (2), the CBRF shall have an interconnected smoke detection system pursuant to s. 50.035 (2), Stats., and shall have an interconnected heat detection system to protect the entire CBRF so that if any detector is activated, an alarm audible throughout the building will be triggered.
DHS 83.48(1)(b)(b) Smoke and heat detectors shall be installed and maintained in accordance with NFPA 72 National Fire Alarm Code and the manufacturer’s recommendation. Smoke detectors powered by the CBRF’s electrical system shall be tested by CBRF personnel according to manufacturer’s recommendation, but not less than once every other month. CBRFs shall maintain documentation of tests and maintenance of the detection system.
DHS 83.48(1)(c)(c) A CBRF shall receive approval from the department as required under s. 50.035 (2) (b), Stats., and s. DHS 83.63 (2) before installing a smoke and heat detection system.
DHS 83.48(2)(2)Radio-transmitting smoke and heat detection system. A small CBRF may use an Underwriters Laboratories listed radio-transmitting detection system that triggers an alarm audible throughout the building and that is properly safeguarded against deactivation.
DHS 83.48(3)(3)Testing.
DHS 83.48(3)(a)(a) After the first year following installation, fire detection systems shall be inspected, cleaned and tested annually by certified or trained and qualified personnel in accordance with the specifications in NFPA 72 and the manufacturer’s specifications and procedures.
DHS 83.48(3)(b)(b) Sensitivity testing shall be performed at intervals in accordance with NFPA 72.
DHS 83.48(3)(c)(c) All smoke and heat detectors suspected of exposure to a fire condition shall be inspected, cleaned and tested by a certified or trained and qualified person within 5 days after each exposure in accordance with the specifications in NFPA 72 and the manufacturer’s specifications and procedures. Each detector shall operate within the manufacturer’s intended response or it shall be replaced within 10 days after exposure to a fire condition.
DHS 83.48(4)(4)Location. Pursuant to s. 50.035 (2) (b), Stats., all facilities shall have at least one smoke detector located at each of the following locations:
DHS 83.48(4)(a)(a) At the top of every open stairway.
DHS 83.48(4)(b)(b) On the hallway side of every enclosed stairway on each floor level.
DHS 83.48(4)(c)(c) Spaced not more than 30 feet apart in every corridor, and not further than 15 feet from any wall or in accordance with the manufacturer’s separation specifications.
DHS 83.48(4)(d)(d) In each common use room, including a living room, dining room, family room, lounge and recreation room, but excluding a kitchen, bathroom or laundry room.
DHS 83.48(4)(e)(e) In each bedroom.
DHS 83.48(4)(f)(f) In all non-resident living areas, except the furnace, bathroom, kitchen and laundry room.
DHS 83.48(4)(g)(g) Additional smoke detectors shall be located where wall projections from the ceiling or lintels exceed 8 inches.
DHS 83.48(4)(h)(h) In the basement, or in each room of the basement except a furnace or laundry room.
DHS 83.48(5)(5)Connection and activation. Smoke detectors in or near the living room of an apartment and smoke detectors in the bedrooms of an apartment shall be either connected to the main alarm system or to a separate annunciator on a panel. If a separate annunciator on a panel is used, there shall be an effective electronic means of notifying employees anywhere in the CBRF that a detector has been activated. Smoke detectors under this subsection shall activate an alarm in all of the resident bedrooms and the apartment.
DHS 83.48(6)(6)Specific locations for heat detectors. CBRFs shall have at least one heat detector integrated with the smoke detection system at all of the following locations or in accordance with the heat detector manufacturer’s specifications:
DHS 83.48(6)(a)(a) Kitchen.
DHS 83.48(6)(b)(b) Attached garage.
DHS 83.48(6)(c)(c) All enclosed compartments of the attic.
DHS 83.48(6)(d)(d) Furnace room.
DHS 83.48(6)(e)(e) Laundry room.
DHS 83.48(7)(7)Special equipment for persons with impaired hearing or vision.
DHS 83.48(7)(a)(a) Notification. If any resident with impaired hearing or vision is unable to detect or respond to a fire emergency, the licensee shall ensure the appropriate audio, visual or vibrating notification alarms are installed in the resident’s bedroom, in or near a living room in an apartment, and in each common area used by the resident.
DHS 83.48(7)(b)(b) Documentation. The sensory impairment of the resident shall be noted in the resident’s record and communicated to all employees within 3 days after admission or after determination of the impairment is made.
DHS 83.48(8)(8)Sprinkler systems.
DHS 83.48(8)(a)(a) Types. A CBRF shall have a sprinkler system if required under s. DHS 83.47 (1) (b) or 83.50. The types of sprinkler systems to be used are as follows:
DHS 83.48(8)(a)1.1. A complete NFPA 13D residential sprinkler system shall be used in a CBRF licensed for 16 or fewer residents only when each room or compartment in the CBRF requires no more than 2 sprinkler heads. When an NFPA 13D sprinkler system is used it shall have a 30-minute water supply for at least 2 sprinkler heads. Entrance foyers shall have sprinklers. The department may determine an NFPA 13R residential sprinkler system shall be installed in a CBRF with one or more rooms or compartments having an unusually high ceiling, a vaulted ceiling, a ceiling with exposed beams or other design or construction features that inhibit proper water discharge when the square footage of each room or compartment in the CBRF would ordinarily allow an NFPA 13D sprinkler system.
DHS 83.48(8)(a)2.2. A complete NFPA 13R residential sprinkler system shall be used in a CBRF licensed for 16 or fewer residents when one or more rooms or compartments in the CBRF require more than 2 sprinkler heads and not more than 4 sprinkler heads. A fire department connection is not required for an NFPA 13R sprinkler system.
DHS 83.48(8)(a)3.3. A complete NFPA 13 automatic sprinkler system shall be used in a CBRF licensed for more than 16 residents.
DHS 83.48(8)(a)4.4. All sprinkler systems under subds. 1. to 3. installed after January 1, 1997, shall be equipped with residential sprinkler heads in all bedrooms, apartments, all other habitable rooms and corridors.
DHS 83.48(8)(a)5.5. All large facilities initially licensed on or after January 1, 1997, shall be protected by a complete automatic sprinkler system, except a class AA CBRF that has an equivalent safety system approved by the department.
DHS 83.48(8)(a)6.6. All large facilities initially licensed before January 1, 1997, of non-fire resistive construction shall be protected by a complete automatic sprinkler system, except a class AA CBRF that has an equivalent safety system approved by the department.
DHS 83.48(8)(b)(b) Installation and maintenance.
DHS 83.48(8)(b)1.1. All sprinkler systems shall be installed by a state licensed sprinkler contractor. All sprinkler systems shall be maintained, inspected and tested at least annually or at intervals determined by the requirements in NFPA 25.
DHS 83.48(8)(b)2.2. In facilities with sprinklers, sprinkler heads shall be placed at the top of each linen or trash chute and in the rooms where the chutes terminates.
DHS 83.48(8)(b)3.3. The sprinkler system flow alarm shall be connected to the CBRF’s fire alarm system.
DHS 83.48(8)(c)(c) Reliable water supply. All sprinkler systems shall have a reliable water supply. If the sprinkler system requires a mechanical device such as a compressor, pump or motor, the device shall be supplied by a reliable source of emergency power in accordance with NFPA 20.
DHS 83.48 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.49DHS 83.49Alternative requirements to a sprinkler system in a small class C CBRF.
DHS 83.49(1)(1)5-year delay. Existing small class CA, small class CS and small class CNA CBRFs using the exemption under sub. (2) shall have a complete sprinkler system as required under s. DHS 83.48 (8) within 5 years of April 1, 2009.
DHS 83.49(2)(2)General requirements. Small class CA, small class CS and small class CNA facilities constructed and licensed before April 1, 2009, are exempt from the sprinkler system requirement under s. DHS 83.48 (8) if all of the following requirements are met:
DHS 83.49(2)(a)(a) No more than 4 residents require a class CA, class CS or class CNA CBRF.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.