Wisconsin Legislature: DHS 124.29(3)(b)2.

3. The freestanding emergency department shall develop and implement a written policy for timely interpretation of plain film studies.

(b) Laboratory.

1. Blood or blood replacement shall be available within thirty minutes.

2. Services available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the location.

1. The freestanding emergency department shall provide pharmacy and respiratory services appropriate for the care of emergency medical cases anticipated by the location.

2. Services and supplies available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the freestanding emergency department.

3. Written policies regarding the availability and utilization of social services shall be established.

(6) Ambulance delivery. A freestanding emergency department shall:

(a) Establish written policies and procedures governing ambulance delivery of patients that are consistent with the local emergency medical service system.

(b) Communicate these policies to the local emergency medical services system to ensure appropriate routing of emergency cases by emergency medical services practitioners.

(c) Establish written policies regarding patient transfers to other medical facilities. The policies shall address transfers by ambulance and, if the freestanding emergency department determines it is appropriate for that location, by helicopter.

History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (1), (2) (c), (3) (a), (4) (b) (intro.), 2., 3. made under s. 35.17, Stats., Register June 2020 No. 774; CR 23-046: am. (6) (b) Register April 2024 No. 820, eff. 5-1-24.

Subchapter V — Physical Environment

DHS 124.275 Definitions. In this subchapter:

(1) “Alteration” has the meaning provided in the International Building Code Sec. 202 as adopted in s. SPS 361.05.

(2) “Existing construction” means a building which is in place or is being constructed with plans approved by the department prior to the effective date of this chapter.

(3) “Life Safety Code” means the National Fire Protection Association’s (NFPA) Standard 101.

(4) “New construction” means construction for the first time of any building or addition to an existing building, the plans for which are approved on or after July 1, 2020.

(5) “Owner” has the meaning provided in s. 101.01 (10), Stats.

Note: The International Building Code is located at www.iccsafe.org.

Note: Copies of the Life Safety Code and related codes can be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, USA 02169-7471.

History: CR 19-135: renum. (intro.), (1), (2), (5) from DHS 124.29 (1) (intro.), (a) to (c), renum. (3), (4) from DHS 124.30 (1) (a), (b) under s. 13.92 (4) (b) 1., Stats, Register June 2020 No. 774; correction in (4) made under s. 13.92 (4) (b) 14., Stats., and correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

DHS 124.29 Plans for new construction and alterations.

(2) Signing and sealing. Construction documents submitted to the department for review shall be prepared, signed and sealed in accordance with ch. 443, Stats., and s. A-E 2.02.

(3) Contents and information.

(a) Construction documents submitted to the department for review shall be dimensioned and drawn to scale. The scale used for the construction documents shall be indicated on the documents. An application form shall be included with the construction documents and information submitted to the department for examination and approval.

(b) Submittal to the department is as follows:

1. Except as provided in subd. 2., at least 4 sets of construction documents shall be submitted to the department for review.

a. At least one set of construction specifications shall be submitted to the department for review.

b. One complete set of plans may be submitted, provided it is accompanied with 3 copies of the cover sheet for the complete set, and provided all 4 cover sheets comply with sub. (2).

(c) Fees, as provided in s. DHS 124.31, shall be remitted to the department at the time the plans are submitted. No plan examinations, approvals, or onsite reviews shall be made until fees are received.

(4) Plan approval.

(a) The department shall review and make a determination under s. DHS 124.30 (3) on an application for plan review under this chapter within 30 business days upon submission of the application.

(b) An application for plan approval will not be granted if, upon examination, the department determines that the construction documents or application for approval require additional information.

(c) If, upon examination, the department determines that the construction documents substantially comply with s. DHS 124.30 (3), a conditional approval, in writing, shall be granted. The owner, before and during construction, shall comply with all conditions as stated in the construction approval.

(d) If, upon examination, the department determines that the construction documents do not substantially comply with this chapter, the application for conditional approval shall be denied, in writing.

(5) Expiration of approval.

(a) Building shell. Plan approval by the department for new buildings and building additions shall expire 2 years after the approval date indicated on the approved building plans if the building shell is not closed-in within those 2 years.

(b) Occupancy. Plan approval by the department for new buildings and building additions shall expire 3 years after the approval date indicated on the approved building plans if the building is not ready for occupancy within those 3 years.

(c) Alterations. Plan approval by the department for interior building alterations shall expire one year after the approval date indicated on the approved building plans if the alteration work is not completed within that year.

(d) HVAC construction only. Plan approval by the department for heating, ventilating, or air conditioning construction that does not include any associated building construction shall expire 1 year after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within that year.

(e) Fire protection systems only. Plan approval by the department for a fire protection system that does not include any associated building construction shall expire 2 years after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within those 2 years.

(6) Extension of plan approval. Upon request and payment of the fee specified in s. DHS 124.31 (4) (e), the expiration dates in sub. (5) (a) to (e) may be extended, provided the request is submitted prior to expiration of the original approval.

(7) Changes to approved final plans. Any changes in the approved final plans affecting the application of the requirements of this subchapter shall be shown on the approved final plans and shall be submitted to the department for approval before construction is undertaken. The department shall notify the hospital in writing of any conflict with this subchapter found in its review of modified plans and specifications.

(8) Permission to start construction.

(a) A building owner may request and the department may grant permission to start construction for the footings and foundations upon submission of construction documents under this section.

(b) The department shall review and make a determination on an application for permission to start construction of the footings and foundations within 3 business days of receipt of the application and all forms, fees, construction documents and information required to complete the review.

(c) A building owner who has been granted permission to start construction of the footings and foundations may proceed at the owner’s own risk without assurance that a conditional approval for the building will be granted.

(9) Onsite reviews. At the request of the owner, the department shall conduct onsite reviews during the construction phase of the project including but not limited to framing reviews, above ceiling reviews, and finish reviews.

History: Emerg. renum. from DHS 124.27 (5), eff. 7-1-96; renum. from DHS 124.27 (5), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (3) (b) 1., (5) (d), (6) made under s. 35.17, Stats., Register June 2020 No. 774; renum. (1) to DHS 124.275 (intro.), (1), (2), (5) under s. 13.92 (4) (b) 1., Stats., and correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

DHS 124.30 Standards.

(2) Plan review. Before the start of any new construction or alteration project for a hospital, the plans for the construction or alteration shall be submitted to the department, pursuant to s. DHS 124.29, for review and approval by the department.

(3) Department review. The department shall review new construction and alteration plans for compliance with all of the following:

(a) This chapter.

(b) Chapters SPS 361 to 366, except s. SPS 361.31 (3). Where chs. SPS 361 to 366 refer to the department of safety and professional services, those rules shall be deemed for purposes of review under this chapter to refer to the department of health services.

History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1999, No. 517; corrections in (1) made under s. 13.93 (2m) (b) 6. and 7. Stats., Register September 2003 No. 573; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; correction in (1) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; renum. (1) (a), (b) to DHS 124.275 (3), (4) under s. 13.92 (4) (b) 7., Stats., and r. (1) (intro.) under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.31 Fees for plan reviews.

(1) General. The fees established in this section shall be paid to the department for providing plan review services under this subchapter. The department may withhold providing services to parties who have past due accounts with the department for plan review services. Except as provided under sub. (4) (b), the fee for review of plans shall be based on the total gross floor area of s. SPS Table 302.31-1 and on the dollar value of the project to the table under sub. (3).

(2) Definition. In this section, “miscellaneous plans” means plans that have no building or heating, ventilation and air conditioning plan submissions, including all of the following:

(a) Footing and foundation plans submitted prior to the submission of the building plans.

(b) Structural plans submitted as independent projects, such as docks or antennae.

(3) Fee table. Fee part based on project dollar value.

(4) Other fees.

(a) Fee for plan entry. Each submission of plans for the project shall be accompanied by a $100 plan entry fee. When plans for multiple projects are submitted together, each project shall constitute a separate submission and requires a $100 plan entry fee.

(b) Fee for miscellaneous plans. The fee for a miscellaneous plan shall be $250. This fee is for plan review and onsite review.

(c) Fee for permission to start construction. The fee for permission to start construction shall be $75. This fee shall apply only to applicants proposing to start construction prior to approval of their plans by the department.

(d) Fee for plan revision. The fee for revision of previously approved plans shall be $75. This paragraph applies when plans are revised for reasons other than those that were requested by the department. The department may not charge a fee for revisions requested by the department as a condition of original plan approval.

(e) Fee for extension of plan approval. The examination fee for a plan approved for extension beyond the time limit specified in this chapter shall be $120 per plan.

(f) Fee for petitions for variance. The fee for reviewing commercial building code petitions for variance shall be in accordance with ch. SPS 302. The fee for reviewing a petition on a priority basis shall be in accordance with ch. SPS 302.

History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in numbering of (2) made under s. 13.92 (4) (b) 1., Stats., and correction in (4) (a) made under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.32 Patient rooms - general.

(2) Privacy. Visual privacy shall be provided for each patient in multi-bed patient rooms. In new or remodeled construction, cubicle curtains shall be provided.

(3) Toilet room.

(a) In new construction, each patient room shall have access to one toilet without entering the general corridor area. One toilet room shall serve no more than 4 beds and no more than 2 patient rooms. A handwashing sink shall be provided either in each patient’s room or in the adjoining toilet room.

(b) In new and remodeled construction, the door to the patient toilet room shall swing into the patient room, or two-way hardware shall be provided.

(4) Minimum floor area. The minimum floor area per bed shall be 80 square feet in multiple patient rooms and 100 square feet in single patient rooms. The distance between patient beds in multi-patient rooms shall be at least 3 feet.

History: Emerg. renum. from DHS 124.27 (6), eff. 7-1-96; renum. from DHS 124.27 (6), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (3) (c), (5) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.34 Patient care areas.

(3) Utility areas.

(a) A utility room for clean linen and other clean articles shall be readily accessible to each nursing unit. The room shall contain at least:

1. Storage facilities for supplies;

2. A handwashing sink; and

3. Work counters.

(b) A utility room for soiled linen and other soiled articles shall be readily accessible to each nursing unit. The room shall include at least:

1. A clinical sink or equivalent flush rim fixture;