Chapter DHS 83

DHS 83.45(5) (5) Garbage and refuse. The CBRF shall dispose of garbage and refuse. Garbage and refuse in inside areas shall be kept in leak-proof, non-absorbent closed containers. Garbage and refuse in outside areas shall be in closed containers.

DHS 83.45 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.46 DHS 83.46 Building support systems.

DHS 83.46(1) (1) Heating.

DHS 83.46(1)(a) (a) A CBRF shall maintain comfortable and safe temperatures. The CBRF shall provide tempered air at all times to eliminate cold air drafts. The heating system shall be capable of maintaining temperatures of 74º F. in areas occupied by residents.

DHS 83.46(1)(b) (b) The use of portable space heaters is prohibited except for Underwriters Laboratories listed electric heating equipment that is listed for permanent attachment to the wall. Portable space heaters shall have an automatic thermostatic control and shall be physically attached to a wall.

DHS 83.46(1)(c) (c) The CBRF shall maintain the heating system in a safe and properly functioning condition. The CBRF shall ensure that a heating contractor or local utility company completes all of the following maintenance and makes available to the facility documentation of the maintenance performed:

DHS 83.46(1)(c)1. 1. An oil furnace shall be serviced at least once each year.

DHS 83.46(1)(c)2. 2. A gas furnace shall be serviced at least once every 3 years.

DHS 83.46(1)(c)3. 3. The CBRF shall have a chimney inspected at intervals corresponding with the heating system service under subd. 1. or 2.

DHS 83.46(1)(d) (d) The CBRF may not use a fuel-fired heater on the premises of the CBRF unless the heater is properly vented to the outside.

DHS 83.46(1)(e) (e) Any wood burning stove or fireplace shall have a flue separate from the flue used by a gas or oil fired furnace or boiler. The entire installation shall meet the requirements in NFPA 211. The CBRF shall have the wood burning or fireplace flue cleaned as often as necessary, but at least 2 times during each heating season. The CBRF shall make available documentation of the maintenance performed.

DHS 83.46(1)(f) (f) Combustible materials shall not be placed within 3 feet of any furnace, boiler, water heater, fireplace or other similar equipment.

DHS 83.46(1)(g) (g) The CBRF shall enclose any other open flame combustible fuel-burning device within a one hour fire rated assembly when sharing a common floor with a habitable room. A direct-vent appliance is exempt from this requirement.

DHS 83.46(2) (2) Ventilation.

DHS 83.46(2)(a) (a) All rooms and areas shall be well ventilated. Ventilation is not required in a refrigerated storage room.

DHS 83.46(2)(b) (b) A CBRF may not have transoms, transfer grills or louvers in bedroom walls or doors opening directly to a corridor.

DHS 83.46(3) (3) Public water supply. The CBRF shall use a public water supply when available. If a public water supply is not available, the CBRF shall have a well that is approved by the state department of natural resources. The CBRF shall have the well water tested at least annually by the state laboratory of hygiene or other laboratory approved under ch. NR 149. The CBRF shall maintain documentation of annual testing results.

DHS 83.46(4) (4) Electrical.

DHS 83.46(4)(a) (a) Installation and maintenance. The CBRF shall be supplied with electrical service, wiring, outlets and fixtures, which shall be properly installed and maintained in good and safe working condition.

DHS 83.46(4)(b) (b) Service size. The electrical service shall be of the proper size to handle the connected load.

DHS 83.46(4)(c) (c) Protection.

DHS 83.46(4)(c)1. 1. ‘Fuses and circuit breakers.’ Tamper-proof fuses or circuit breakers not to exceed the ampere capacity of the smallest wire size in the circuit shall protect the branch circuits.

DHS 83.46(4)(c)2. 2. ‘Ground fault interruption.’ Ground fault interrupt protection shall be required for all outlets within 6 feet of a plumbing fixture, all outlets on the exterior of the CBRF and in the garage.

DHS 83.46(4)(d) (d) Minimum number of fixtures and outlets. The CBRF shall have all of the following minimum number of fixtures and outlets:

DHS 83.46(4)(d)1. 1. ‘Light fixtures.’ Every resident bedroom, bathroom, kitchen or kitchenette, dining room, laundry room and furnace room shall contain at least one approved or listed ceiling or wall-type electric light fixture equipped with sufficient lamps or tubes to provide at least 5 foot candles at floor level at the center of room. Where more than one fixture is used or required, the additional fixture or fixtures shall be equally spaced as far as is practical. A switched outlet may be substituted for a ceiling or wall fixture in resident bedrooms and dining rooms.

DHS 83.46(4)(d)2. 2. ‘Minimum outlet ratios.’ Electric duplex outlet receptacles shall be provided as follows:

DHS 83.46(4)(d)2.a. a. Living room, dining room and bedroom, one per 75 square feet of floor area with a minimum of 2.

DHS 83.46(4)(d)2.b. b. Kitchen, one per 8 lineal feet or fraction thereof, of countertop and preparation area, including island-type areas. In addition, if a kitchen is used for dining purposes, one per 75 square feet of floor area. Separate outlets shall be provided for refrigerators.

DHS 83.46(4)(d)2.c. c. Laundry room, minimum of one.

DHS 83.46(4)(d)2.d. d. Toilet rooms, one, which may be part of the wall fixture if 72 inches or less from the floor.

DHS 83.46(4)(d)2.e. e. Other habitable rooms, minimum of 2.

DHS 83.46(4)(e) (e) Outlets. Electrical outlets shall be located to limit the use of extension cords. Extension cords shall not be used in lieu of permanent wiring.

DHS 83.46(4)(f) (f) Switches. Switches or equivalent devices for turning on at least one light in each room or passageway shall be located to conveniently control the lighting in the area.

DHS 83.46(4)(g) (g) Temporary and exposed wiring. All temporary wiring and exposed wiring, whether in use or abandoned, shall be removed.

DHS 83.46 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.

subch. IX of ch. DHS 83 Subchapter IX — Safety

DHS 83.47 DHS 83.47 Fire 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 History 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 DHS 83.48 Fire 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: