Wisconsin Legislature: DHS 83.48(4)(c)

8. How meals and medications will be provided to residents at the emergency shelter.

(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.

(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.

(d) Fire drills.

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.

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.

(e) Other evacuation drills. Tornado, flooding, or other emergency or disaster evacuation drills shall be conducted at least semi-annually.

(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.

(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.

(h) Posting of emergency phone numbers. The phone numbers for emergency services shall be posted near phones used by CBRF employees.

(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.

(4) Fire extinguisher.

(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.

(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.

(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.

History: 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 83.48 Fire protection systems.

(1) Interconnected smoke and heat detection system.

(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.

(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.

(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.

(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.

(3) Testing.

(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.

(b) Sensitivity testing shall be performed at intervals in accordance with NFPA 72.

(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.

(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:

(a) At the top of every open stairway.

(b) On the hallway side of every enclosed stairway on each floor level.

(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.

(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.

(e) In each bedroom.

(f) In all non-resident living areas, except the furnace, bathroom, kitchen and laundry room.

(g) Additional smoke detectors shall be located where wall projections from the ceiling or lintels exceed 8 inches.

(h) In the basement, or in each room of the basement except a furnace or laundry room.

(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.

(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:

(a) Kitchen.

(b) Attached garage.

(d) Furnace room.

(e) Laundry room.

(7) Special equipment for persons with impaired hearing or vision.

(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.

(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.

(8) Sprinkler systems.

(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:

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.

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.

3. A complete NFPA 13 automatic sprinkler system shall be used in a CBRF licensed for more than 16 residents.

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.

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.

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.

(b) Installation and maintenance.

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.

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.

3. The sprinkler system flow alarm shall be connected to the CBRF’s fire alarm system.

(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.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.49 Alternative requirements to a sprinkler system in a small class C CBRF.

(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.

(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:

(a) No more than 4 residents require a class CA, class CS or class CNA CBRF.

(b) The bedroom and congregate dining and living area for any resident requiring a class CA, class CS or class CNA who is blind or not fully ambulatory shall be on the first floor. CBRFs serving one or more non-ambulatory residents shall have 2 accessible exits to grade.

(d) The requirements for a smoke and heat detection system under s. DHS 83.48 (1) to (7) are met.

(e) The smoke detection system has a backup battery power supply and is externally monitored so activation of the system automatically results in notification of the local fire department. Tape or voice type dialers are prohibited. Acceptable configurations for external monitoring are limited to any of the following:

1. A digital communicator linked to a listed monitoring company.

2. A digital communicator linked to the municipal or county emergency dispatch center or to the local fire department.

3. A direct phone line connecting the detection system to the municipal or county emergency dispatch center or to the local fire department.

(f) There is smoke separation between each floor level to prevent vertical movement of smoke.

(g) The emergency and disaster plan under s. DHS 83.47 (2) (a) specifies evacuation of residents as the response to a fire. Horizontal evacuation, use of area of refuge or use of point of rescue is prohibited. No resident may have an evacuation time, as determined under s. DHS 83.35 (5) that exceeds 2 minutes.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.50 Minimum type of construction.

(1) Application of habitable floor definition. The number of habitable floors in a CBRF shall determine the type of construction for each class of licensure and when an automatic sprinkler system, combined with a smoke detection system, may substitute for the required type of construction.

(2) Minimum type of construction for each class of licensure.

(a) A CBRF with 3 or fewer habitable floors shall meet the construction requirements for class of licensure in Table DHS 83.50 and as specified under subds. 1. to 3.

1. Construction Type IB means fire-resistive construction consisting of exterior walls of concrete or masonry, floors and roof of fireproofed steel or concrete and interior partitions of concrete block or steel studs.

2. Construction Type IIA means metal frame protected construction consisting of structural parts and enclosing walls of masonry in combination with other noncombustible material.

3. Construction Type VB means wood frame unprotected construction consisting of exterior walls of wood studs covered, for example, with metal or wood siding, brick, stone, slate, vinyl, metal, or wood, wood floors and roof, and interior partitions of wood stud and plaster or drywall.

Note: For information regarding types of construction see ch. SPS 361.

(b) For class AS and class ANA facilities, the bedrooms and congregate dining and living area for blind, non-ambulatory, semi-ambulatory or physically disabled residents shall be on the first floor.

(c) A CBRF of any type of construction initially licensed for a class CA, class CS or class CNA occupancy on or after January 1, 1997, shall have a sprinkler system under s. DHS 83.48 (8), except as provided under s. DHS 83.49 (2).

(d) The third floor of a 3 story unprotected wood frame building may not be used for sleeping, eating, cooking or as habitable rooms, unless the building is protected by a complete automatic sprinkler system in accordance with NFPA 13, except that storage or office space for the licensee or employees may be located on that floor.

(e) Any CBRF that meets the requirement of type IB construction in Table DHS 83.50 and is not protected by a sprinkler system shall have either an area of refuge under s. DHS 83.51 or be approved by the department for horizontal evacuation under s. DHS 83.59 (1) (b) on each floor without 2 grade level or ramped exits when residents not capable of negotiating stairs without assistance reside on the floor.

(f) A CBRF located in a building of more than 3 stories shall be in compliance with requirements found in ch. SPS 361 and shall be equipped with a complete automatic sprinkler system under NFPA 13.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (2) (a) 3. Register December 2010 No. 660, eff. 1-1-11; correction in (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

DHS 83.51 Area of refuge.

(1) A room to be used as an area of refuge may not be a bedroom or a room for the private use of any resident, other occupant, employee, or licensee.