Chapter DHS 83

DHS 83.50(2)(a)3. 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.

DHS 83.50 Note Note: For information regarding types of construction see ch. SPS 361.

DHS 83.50(2)(b) (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.

DHS 83.50(2)(c) (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).

DHS 83.50(2)(d) (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.

DHS 83.50(2)(e) (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.

DHS 83.50(2)(f) (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.

DHS 83.50 History 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 DHS 83.51 Area of refuge.

DHS 83.51(1) (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.

DHS 83.51(2) (2) The area of refuge shall be constructed of fire resistive construction rated for at least one-hour rated fire resistive construction. Whenever the room exits into an enclosed stairwell that is required to be of more than one-hour fire resistive construction, the room shall have the same fire-resistive construction, including the same doorway protection, as required for the adjacent stairwell.

DHS 83.51(3) (3) Doors in the area of refuge shall be tight-fitting and smoke and draft control assemblies having a fire-protection rating of at least 45 minutes and shall be self-closing or automatic closing.

DHS 83.51(3)(a) (a) A room to be used as an area of refuge shall have an exit door directly to an exit enclosure such as a stairwell or fire escape that leads directly outside.

DHS 83.51(3)(b) (b) The door leading into the area of refuge from the residential area shall be unlocked at all times. The door between the area of refuge and an exit enclosure shall be equipped with hardware that unlocks and opens with one hand and one motion from the area of refuge side of the door.

DHS 83.51(4) (4) Each stairway adjacent to an area of refuge shall have a minimum clear horizontal width of 4 feet between handrails.

DHS 83.51(5) (5) Two-way communication from the area of refuge and identification of the area of refuge shall be provided.

DHS 83.51(6) (6) Each area of refuge shall have a space for each person needing the area of refuge in an emergency as follows:

DHS 83.51(6)(a) (a) At least 30 by 48 inches for each person who uses a wheelchair for mobility.

DHS 83.51(6)(b) (b) At least 30 by 36 inches for each person who uses a walker, cane or crutch for assistance in walking.

DHS 83.51(6)(c) (c) At least 30 by 24 inches for each person who does not use any assistive device for mobility or walking.

DHS 83.51(7) (7) The measurements under sub. (6) shall be determined after deducting the space covered by the door swing if the swing is into the area of refuge and the space needed for a passageway through the area of refuge is at least 32 inches in width.

DHS 83.51(8) (8) The number of residents not able to negotiate stairs who are housed on each floor level required to have an area of refuge shall be limited to the number of spaces provided in the area of refuge on that floor.

DHS 83.51(9) (9) A CBRF with an area of refuge shall notify the local fire department of the emergency evacuation plan, including the use and location of each area of refuge, and the potential number of residents and employees who would use each area of refuge.

DHS 83.51 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

subch. X of ch. DHS 83 Subchapter X — Building Design

DHS 83.52 DHS 83.52 Common dining and living space.

DHS 83.52(1) (1) Space per resident.

DHS 83.52(1)(a) (a) The minimum common dining and living space shall be 60 square feet per ambulatory or semi-ambulatory resident or other occupant, and 90 square feet per non-ambulatory resident or other occupant.

DHS 83.52(1)(b) (b) For each resident apartment, the CBRF may apply 25% of the total floor space of the habitable rooms in the apartment, not including bedroom or bathroom floor space, toward the required congregate dining and living area requirement under par. (a), but may not exceed 30 square feet per resident.

DHS 83.52(1)(c) (c) Egress paths through common-use areas may not be counted in the common space calculation.

DHS 83.52(1)(d) (d) Common dining space shall be large enough to accommodate all residents in no more than 2 shifts.

DHS 83.52(2) (2) Access. Common dining and living space shall be internally accessible to all residents.

DHS 83.52(3) (3) Recreational space. The CBRF shall designate adequate space and equipment to meet the needs of the residents for social and recreational activities.

DHS 83.52(4) (4) Ceiling height. All common-use rooms shall have a ceiling height of at least 7 feet.

DHS 83.52 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.53 DHS 83.53 Storage areas. The CBRF shall have adequate storage space for resident care supplies and equipment.

DHS 83.53 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.54 DHS 83.54 Resident bedrooms.

DHS 83.54(1) (1) Design.

DHS 83.54(1)(a) (a) Bedrooms shall be designed and equipped to allow residents to achieve the highest level of independent functioning and shall be fully accessible to the resident.

DHS 83.54(1)(b) (b) Floor to ceiling walls with rigid construction swing-type doors that are of the side-hinged or pivoted swinging shall enclose resident bedrooms.

DHS 83.54(1)(c) (c) Bedrooms shall open directly into a corridor, the resident’s private living area or common living space.

DHS 83.54(1)(d) (d) Each resident shall have or be provided within the bedroom, a closet or wardrobe with clothes hanging rods and shelves, and drawer space adequate to reasonably meet the needs of the resident. The bedroom shall have adequate accessible space for a resident’s wheelchair or other adaptive or prosthetic equipment.

DHS 83.54(1)(e) (e) Each resident bedroom shall have a ceiling height of at least 7 feet.

DHS 83.54(2) (2) Location. Resident bedrooms shall be located near toilet and bathing facilities and shall provide internal access to congregate dining and living areas.

DHS 83.54(3) (3) Capacity.

DHS 83.54(3)(a) (a) Resident bedrooms shall accommodate no more than 2 residents per room.

DHS 83.54(3)(b) (b) Facilities exclusively serving residents in the custody of a government correctional agency or who is alcohol or drug dependent may accommodate up to 3 residents per room if the facility was licensed before April 1, 2009.

DHS 83.54(4) (4) Size.

DHS 83.54(4)(a) (a) In existing class AA and class CA CBRFs, single occupancy bedrooms shall have a minimum of 80 square feet per resident and 60 square feet per resident in multiple occupancy bedrooms. Minimum square footage shall be calculated exclusive of toilet rooms and closets.

DHS 83.54(4)(b) (b) In existing class AS, class CS, class ANA and class CNA CBRFs, and all newly constructed CBRFs, single occupancy bedrooms shall have a minimum of 100 square feet per resident and 80 square feet per resident in multiple occupancy bedrooms. Minimum square footage shall be calculated exclusive of toilet rooms and closets.

DHS 83.54(4)(c) (c) A bedroom shared by residents who require different classes of licensure shall meet the highest applicable square footage required for all residents sharing the bedroom.

DHS 83.54(5) (5) Basement bedrooms. Basement bedrooms shall have at least 2 means of exiting that provide unobstructed egress to the outside or grade level. Windows in the basement shall not be considered exits.

DHS 83.54(6) (6) Bed arrangements. The CBRF shall locate beds either the minimum distance from heat producing sources recommended by the manufacturer or 18 inches. The CBRF shall have a deflector on the register when the bed is located less than 18 inches from a forced air register. Beds may not block a forced air register.

DHS 83.54 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.55 DHS 83.55 Bath and toilet areas.

DHS 83.55(1) (1) Number.

DHS 83.55(1)(a) (a) The CBRF shall provide at least one toilet, one sink and one bath or shower for every 10 residents and other occupants or fraction thereof.

DHS 83.55(1)(b) (b) Grab bars shall be provided at toilet and bath fixtures as necessary to meet the needs of the residents. Grab bars shall meet requirements as specified in ch. SPS 361.

DHS 83.55(1)(c) (c) When fixtures are accessed only through a bedroom, the fixtures may only be counted as meeting the requirement for the occupants of that bedroom.

DHS 83.55(2) (2) Location. Toilet rooms and bathing areas shall be accessible and available to residents on each floor in class AS, class ANA, class CS and class CNA facilities.

DHS 83.55(3) (3) Hand drying. All sink areas shall have dispensers for single use paper towels, cloth towel dispensing units that are enclosed for protection against being soiled or electric hand dryers. This requirement does not apply to sink areas located in toilet rooms accessed directly from a resident bedroom.

DHS 83.55(4) (4) Privacy.

DHS 83.55(4)(a) (a) Bath and toilet rooms shall have door locks to ensure privacy, except where the toilet, bath or shower room is accessed only from a resident room that is occupied by one person. All door locks shall be operable from both sides.

DHS 83.55(4)(b) (b) All toilet and bathing areas shall have floor to ceiling walls and door assembly.

DHS 83.55(5) (5) Electrical fixtures. Bath and toilet rooms shall have at least one electrical fixture to provide artificial light and one electrical duplex outlet receptacle.

DHS 83.55(6) (6) Water supply.

DHS 83.55(6)(a) (a) The CBRF shall connect each sink, bathtub and shower to hot and cold water, and supply adequate hot water to meet the needs of the residents.

DHS 83.55(6)(b) (b) The CBRF shall set the temperature of all water heaters connected to sinks, showers and tubs used by residents at a temperature of at least 140°F. The temperature of water at fixtures used by residents shall be automatically regulated by valves and may not exceed 115°F, except for CBRFs serving residents recovering from alcohol or drug dependency or clients of a government correctional agency.

DHS 83.55(6)(c) (c) The fixtures at sinks used by residents shall be the single nozzle, lever-handled mixing type fixtures or the single nozzle, 2 handled mixing type fixtures which are easy for all residents to control.

DHS 83.55 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.56 DHS 83.56 Day care. If there is a day care program in the same building as a CBRF, the facilities shall be separated. Entrance and exit doors for each facility shall be separate. Socialization between facilities shall not interfere with privacy or infringe upon the use of habitable floor space of CBRF residents.

DHS 83.56 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.57 DHS 83.57 Multiple occupancies.

DHS 83.57(1) (1) Physical separation.

DHS 83.57(1)(a) (a) A CBRF located in the same building as a nursing home or hospital shall be a distinct living area and shall be separated between the 2 occupancies by a minimum of a 2 hour fire rated construction or all parts of each distinct living area shall meet the higher fire protection standards.

DHS 83.57(1)(b) (b) A CBRF located in the same building as a residential care apartment complex or other residential occupancy shall be a distinct living area and shall be separated between the 2 occupancies by at least a one hour fire rated construction. The entire building shall be equipped with an interconnected smoke and heat detection system and sprinkler system in compliance with s. DHS 83.48. The CBRF shall maintain documentation for all testing and maintenance of the detection system in both the CBRF and the non-CBRF.

DHS 83.57(1)(c) (c) A small CBRF located in one living unit of a duplex shall be a distinct living area and shall be separated between the 2 occupancies by at least a one hour fire rated construction. The entire building shall be equipped with an interconnected smoke and heat detection system and sprinkler system in compliance with s. DHS 83.48. The CBRF shall maintain documentation for all testing and maintenance of the detection system in both the CBRF and the non-CBRF.

DHS 83.57(1)(d) (d) If a common lobby and access area of a multiple occupancy building is not provided, the CBRF shall have separate entrance and exit doors.

DHS 83.57(2) (2) Common use areas. If CBRF residents and other occupants are intermixed and the total building is available to CBRF residents and other occupants, the common dining and living space shall be determined by the total capacity of the building as described under s. DHS 83.52 (1) (a). If CBRF residents and other occupants are not intermixed, the facility shall provide common living and dining space as described in s. DHS 83.52 (1) (a) for the use of the CBRF residents.

DHS 83.57 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

DHS 83.58 DHS 83.58 Garages and utility buildings.

DHS 83.58(1) (1) Attached garage.

DHS 83.58(1)(a) (a) Common walls between a CBRF and an attached garage shall be protected with at least one layer of 5/8-inch type X gypsum board with taped joints on the garage side and with at least one layer of ½-inch gypsum board with taped joints, or equivalent, on the CBRF side. The walls shall provide a complete separation.

DHS 83.58(1)(b) (b) Floor-ceiling assemblies between a garage and the CBRF shall be protected with at least one layer of 5/8-inch type X gypsum board on the garage side of the ceiling or room framing.

DHS 83.58(1)(c) (c) A self-closing 1¾-inch solid core wood door or an equivalent self-closing fire-resistive rated door shall protect openings between an attached garage and the CBRF.

DHS 83.58(1)(d) (d) When a required exit leads into a garage, the garage shall have at least a 32 inch service door to the outside.

DHS 83.58(2) (2) Detached garages. A detached garage shall either be located at least 3 feet from the CBRF or shall comply with the requirements for attached garages under sub. (1).

DHS 83.58(3) (3) Utility buildings. A utility building where fueled, motorized vehicles and appliances such as snowmobiles, power lawn mowers, motorcycles, and snow blowers are stored shall be located at least of 3 feet from the CBRF or comply with the requirements for attached garages under sub. (1).