Chapter DHS 83

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).

DHS 83.58 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.59 DHS 83.59 Exits and passageways. In this section, “exit” means standard exit doors opening to passageways or grade, exit passageways, fire escapes, and stairways as specified in ch. SPS 361.

DHS 83.59(1) (1) Exits. All habitable floors shall have at least 2 exits providing unobstructed travel to the outside. Small class AA CBRFs licensed on or before April 1, 2009, with no more than 2 habitable floors may have one exit from the second floor.

DHS 83.59(1)(a) (a) Class AS, class ANA, class CS and class CNA CBRFs shall have at least 2 grade level or ramped exits to grade.

DHS 83.59(1)(b) (b) A CBRF may use horizontal evacuation as defined under ch. SPS 361. The CBRF shall have approval from the department before including horizontal evacuation in the emergency and disaster plan under s. DHS 83.47 (2).

DHS 83.59(1)(c) (c) Exit doors and doors in exit passageways shall have a clear opening of at least 32 inches in width and 76 inches in height.

DHS 83.59(1)(d) (d) Exit passageways, stairways and doors in class AA facilities shall be at least 30 inches clear opening in width. Class AA facilities licensed on or before April 1, 2009, shall have a minimum width of 28 inches clear opening for existing passageways, stairways and doors.

DHS 83.59(1)(e) (e) No exit passageway may be through areas such as a resident room, bath or toilet room, closet or furnace rooms.

DHS 83.59(1)(f) (f) Exit passageways and stairways to outside exits shall be at least 36 inches in width and maintained clear and unobstructed at all times. Exit passageways and stairways to outside exits shall be at least 32 inches in width in facilities licensed on or before April 1, 2009. In existing large facilities, the minimum corridor width shall be at least 4 feet.

DHS 83.59(1)(g) (g) Exits, sidewalks and driveways used for exiting shall be kept free of ice, snow, and obstructions. For facilities serving only ambulatory residents, the CBRF shall maintain a cleared pathway from all exterior doors to be used in an emergency to a public way or safe distance away from the building. For facilities serving semi-ambulatory and non-ambulatory residents, a CBRF shall maintain a cleared, hard surface, barrier-free walkway to a public way or safe distance away from the building for at least 2 primary exits from the building. All other required exits shall have at least a cleared pathway maintained to a public way or safe distance from the building. An exit door or walkway to a cleared driveway leading away from the CBRF also meets this requirement.

DHS 83.59(1)(h) (h) The exit path from the CBRF through the garage to the outside shall be clear, safe and unobstructed.

DHS 83.59(2) (2) Doors.

DHS 83.59(2)(a) (a) All doors shall have latching hardware to permit opening from the inside with a one-hand, one-motion operation without the use of a key or special tool.

DHS 83.59(2)(b) (b) A solid core wood door or an equivalent fire resistive door shall be provided at any interior stair between the basement and the first floor. The door shall have a positive latch and an automatic closing device and normally shall be kept closed. Enclosed furnace and laundry areas with self-closing doors in a split level home may substitute for the self-closing door between the first and second levels. Enclosed furnace and laundry areas shall have self closing solid core wood doors or an equivalent fire resistive door when located on a common level with resident bedrooms.

DHS 83.59(2)(c) (c) All interior doors equipped with locks shall be designed to unlock from either side in case of emergency.

DHS 83.59(2)(d) (d) Levered handles shall be provided on all doors used by residents with manual strength or dexterity limitations.

DHS 83.59(2)(f) (f) The staff member in charge on each work shift shall have a means of opening all locks or security devices on all doors in the CBRF.

DHS 83.59(3) (3) Patio doors. A patio door may be used as a supplementary exit in an emergency in addition to the required primary exits and shall comply with all of the following:

DHS 83.59(3)(a) (a) Factory installed door fastenings or hardware on sliding glass patio doors is acceptable. The use of bolt locks on sliding glass patio doors is prohibited.

DHS 83.59(3)(b) (b) All door fastenings or hardware on hinged, swing-type patio doors shall be operable from the inside with one hand and one motion without the use of a key or special tool.

DHS 83.59(3)(c) (c) Furniture and other obstacles shall not be placed in front of the patio door.

DHS 83.59(3)(d) (d) A clear and unobstructed pathway shall be maintained to a safe distance away from the building.

DHS 83.59(4) (4) Delayed egress. Delayed egress door locks are permitted with department approval only in facilities with a supervised automatic fire sprinkler system and a supervised interconnected automatic fire detection system and shall comply with all of the following:

DHS 83.59(4)(a) (a) No more than one device shall be present in a means of egress.

DHS 83.59(4)(b) (b) A sign shall be posted adjacent to the locking device indicating how the door may be opened.

DHS 83.59(4)(c) (c) The doors shall unlock upon activation of the sprinkler system or fire detection system. The doors shall unlock upon loss of power controlling the lock or locking mechanism.

DHS 83.59(4)(d) (d) The door locks shall have the capability of being unlocked by a signal from the CBRF’s fire command center.

DHS 83.59(4)(e) (e) An irreversible process will occur which will release the latch in not more than 15 seconds when a force of not more than 15 pounds is applied for 3 seconds to the release device. Initiation of the irreversible process shall activate an audible signal in the vicinity of the door. Once the door lock has been released by the application of force to the releasing device, re-locking shall be by manual means only.

DHS 83.59(4)(f) (f) To obtain department approval, the CBRF shall demonstrate that delayed egress equipment is necessary to ensure the safety of residents served by the CBRF, specifically persons at risk of elopement due to behavioral concerns, cognitive impairments or dementia, including Alzheimer’s disease.

DHS 83.59(5) (5) Stairs and shafts.

DHS 83.59(5)(a) (a) All required interior and exterior exit stairways shall be in compliance with ch. SPS 361. For small CBRFs, all required interior and exterior exit stairways shall be in compliance with the Uniform Dwelling Code.

DHS 83.59(5)(b) (b) One or more handrails shall be provided on all stairways in accordance with ch. SPS 361. For small CBRFs, handrails shall be in compliance with s. SPS 321.04. Handrails shall be provided on the open sides of stairways and platforms. CBRFs licensed before January 1, 1997, shall have handrails at least 29 inches above the nose of the tread.

DHS 83.59(5)(c) (c) Winders in stairways shall be provided with handrails on both sides, at least 29 inches above the nose of the tread.

DHS 83.59(5)(d) (d) Winders in stairways used as required exits shall have treads of at least 7 inches in width at a point one foot from the narrow end of the tread.

DHS 83.59(5)(e) (e) Spiral stairs are prohibited for use as required exit stairs.

DHS 83.59(5)(f) (f) Any shaft such as a dumbwaiter or laundry chute leading to the basement, as defined in ch. SPS 361, shall be provided with a door on each level above the lowest floor. The door shall have a positive latch and an automatic closing device and shall normally be kept closed. A spring of sufficient strength to close the door and activate the door latch is acceptable for meeting the automatic closing device portion of this requirement.

DHS 83.59(6) (6) Ramp requirements.

DHS 83.59(6)(a) (a) Slope. In existing buildings, all exterior ramps shall have a slope of not more than one foot of rise in 12 feet of run. In existing buildings, an existing interior ramp with a slope of one foot of rise in 8 feet may be retained to overcome a total height not greater than 2 feet when the floor area does not permit a 1:12 ramp. The ramps shall have a slip-resistant surface and shall have no side slope.

DHS 83.59(6)(b) (b) Width. Ramps shall be at least 4 feet wide, of which not more than 4 inches on each side may be occupied by a handrail.

DHS 83.59(6)(c) (c) Handrails.

DHS 83.59(6)(c)1. 1. Ramps in CBRFs initially licensed on or after January 1, 1997, shall have a handrail on each side which shall be mounted between 34 inches and 38 inches above the ramp surface. CBRFs licensed before January 1, 1997, shall have handrails mounted at least 30 inches above the ramp surface.

DHS 83.59(6)(c)2. 2. Handrails on unenclosed ramps shall include an intermediate parallel rail at mid-height.

DHS 83.59(6)(d) (d) Clearance. Where ramps are provided to doorways, the ramp on each side of the doorway shall be level for 5 feet from the door.

DHS 83.59(6)(e) (e) Platforms. Ramps having a 1:12 slope shall have a level platform at 30-foot intervals. All ramps shall have level platforms at least 5 feet long where they turn and at least 5 feet by 5 feet level landing at the bottom of the ramp.