Chapter DHS 131

DHS 131.39(2) (2) Smoking.

DHS 131.39(2)(a) (a) A written policy on smoking, consistent with the provisions in the Wisconsin Clean Indoor Air Act, s. 101.123, Stats., shall be developed by the licensee of the facility which shall designate areas outside the building where smoking is permitted, if any, and shall be clearly communicated by the staff to a patient within 24 hours after the patient’s admission.

DHS 131.39(3) (3) Fire extinguisher.

DHS 131.39(3)(a) (a) At least one fire extinguisher with a minimum 2A, 10-B-C rating shall be provided on each floor of the facility. A fire extinguisher shall be located at the head of each stairway. In addition, an extinguisher shall be located so that the maximum area per extinguisher does not exceed 3000 square feet and travel distance to an extinguisher does not exceed 75 feet. The extinguisher on the kitchen floor level shall be mounted in or near the kitchen.

DHS 131.39(3)(b) (b) All fire extinguishers shall be maintained in readily useable condition and inspected annually. One year after the initial purchase of a fire extinguisher and annually after that the extinguisher shall be provided with a tag which indicates the date of the most recent inspection.

DHS 131.39(3)(c) (c) An extinguisher shall be mounted on a wall or a post where it is clearly visible, unobstructed and mounted so that the top is not over 5 feet high. An extinguisher may not be tied down, locked in a cabinet or placed in a closet or on the floor except that it may be placed in a clearly marked, unlocked wall cabinet used exclusively for that purpose.

DHS 131.39(5) (5) Fire protection systems.

DHS 131.39(5)(a) (a) Location. No facility may install a smoke detection system that is not approved by the department.

DHS 131.39(5)(b) (b) Smoke detection systems. Each facility shall have, at a minimum, a low-voltage interconnected smoke detection system to protect the entire facility so that if any detector is activated it triggers an alarm audible throughout the building.

DHS 131.39(5)(c) (c) Installation, testing and maintenance. Smoke detectors shall be installed, tested and maintained in accordance with NFPA 72-2013 edition. Smoke alarm detectors powered by the hospice electrical system shall be tested according to the manufacturer’s recommendation but not less than once a month. The hospice shall maintain a written record of tests for the previous 2 years.

DHS 131.39 Note Note: Copies of the NFPA 72 National Fire Alarm and Signaling Code, 2013 edition are on file in the Department’s Division of Quality Assurance and the Legislative Reference Bureau and can be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

DHS 131.39(5)(d) (d) Location of detectors.

DHS 131.39(5)(d)1. 1. At least one smoke detector shall be located at each of the following locations:

DHS 131.39(5)(d)1.a. a. At the head of every open stairway.

DHS 131.39(5)(d)1.b. b. On the stair side of every enclosed stairway on each floor level.

DHS 131.39(5)(d)1.c. c. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall.

DHS 131.39(5)(d)1.d. d. In each common use room, including living rooms, dining rooms, family rooms, lounges and recreation rooms but not including kitchens, bathrooms or laundry rooms.

DHS 131.39(5)(d)1.e. e. In each sleeping room in which smoking is allowed.

DHS 131.39(5)(d)1.f. f. In each room of the staff living quarters, including the staff office but not including kitchens and bathrooms.

DHS 131.39(5)(d)1.g. g. In the basement or in each room in the basement except a furnace room or laundry room.

DHS 131.39(5)(d)1.h. h. In rooms which are differentiated by one or more ceiling drops which exceed 12 inches in height.

DHS 131.39(5)(d)2. 2. Detectors in rooms shall be mounted no more than 30 feet apart and no more than 15 feet from the closest wall unless the manufacturer specifies a greater or lesser distance for effective placement. Large rooms may require more than one smoke detector in order for the detection system to provide adequate protection.

DHS 131.39(6) (6) Heat detection.

DHS 131.39(6)(a) (a) Hospice facilities shall install at least one heat detector integrated with the smoke detection system at each of the following locations:

DHS 131.39(6)(a)1. 1. The kitchen.

DHS 131.39(6)(a)2. 2. Any attached garage.

DHS 131.39(6)(b) (b) Smoke and heat detectors installed under this section shall be listed by a nationally recognized testing laboratory.

DHS 131.39(7) (7) Attached garages.

DHS 131.39(7)(a) (a) Common walls between a hospice facility and an attached garage shall be protected with not less than one layer of 5/8-inch Type X gypsum board with taped joints, or equivalent, on the garage side and with not less than one layer of 1/2-inch gypsum board with taped joints, or equivalent, on the hospice side. The walls shall provide a complete separation.

DHS 131.39(7)(b) (b) Floor-ceiling assemblies between garages and the hospice facility shall be protected with not less than one layer of 5/8-inch type X gypsum board on the garage side of the ceiling or room framing.

DHS 131.39(7)(c) (c) Openings between an attached garage and a hospice facility shall be protected by a self-closing 1-3/4 inch solid wood core door or an equivalent self-closing fire-resistive rated door.

DHS 131.39(7)(d) (d) The garage floor shall be pitched away from the hospice facility and at its highest point shall be at least 1-1/2 inches below the floor of the facility.

DHS 131.39(7)(e) (e) If a required exit leads into the garage, the garage shall have at least a 32 inch wide service door.

DHS 131.39(8) (8) Fire report. All incidents of fire in a hospice shall be reported to the department within 72 hours.

DHS 131.39 Note Note: Online fire reporting is available at: Health Care Facility Report F-62500 at: https://www.dhs.wisconsin.gov/publications/p01729.pdf.

DHS 131.39 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-092: r. and recr. (1), r. (4), am. (5) (c) 1., r. (5) (c) 2., am. (6) (a) (intro.), (b), cr. (8) Register July 2020 No. 775, eff. 8-1-20; renum. (5) (c) 1. to (5) (c) under s. 13.92 (4) (b) 1., Stats., and correction in (5) (c) made under s. 35.17, Stats., Register July 2020 No. 775.

DHS 131.40 DHS 131.40 Plans for new construction and alterations.

DHS 131.40(1) (1) Definition. In this section, “alteration” has the meaning provided in s. SPS 361.05 (1) International Building Code, Sec. 202.

DHS 131.40(2) (2) Signing and sealing. Construction documents submitted to the department for review shall be prepared, signed and sealed as required by ch. 443, Stats., and s. A-E 2.02.

DHS 131.40(3) (3) Contents and information.

DHS 131.40(3)(a) (a)

DHS 131.40(3)(a)1. 1. Construction documents submitted to the department for review shall be dimensioned and drawn to scale.

DHS 131.40(3)(a)2. 2. The scale used for the construction documents shall be indicated on the documents.

DHS 131.40(3)(b) (b)

DHS 131.40(3)(b)1. 1. Except as provided in subd. 2., at least 4 sets of construction documents shall be submitted to the department for review.

DHS 131.40(3)(b)2. 2.

DHS 131.40(3)(b)2.a. a. At least one set of construction specifications shall be submitted to the department for review.

DHS 131.40(3)(b)2.b. 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).

DHS 131.40(3)(c) (c) Fees shall be remitted at the time the plans are submitted. No plan examinations, approvals, or onsite reviews shall be made until fees are received.

DHS 131.40(4) (4) Application approval.

DHS 131.40(4)(a) (a) A plan review application form shall be included with the construction documents and information submitted to the department for examination and approval. The department shall review and make a determination on an application for plan review under this chapter within 30 business days.

DHS 131.40(4)(b) (b) An application for conditional approval will not be granted if, upon examination, the department determines that the construction documents or application for approval require additional information.

DHS 131.40(4)(c) (c) If, upon examination, the department determines that the construction documents and the application for approval comply substantially with this chapter, a conditional approval, in writing, shall be granted and the plans shall be stamped conditionally approved. All conditions stated in the conditional approval shall be complied with by the applicant before or during construction.

DHS 131.40(4)(d) (d) If, upon examination, the department determines that the construction documents or application for approval do not substantially comply with this chapter, the application for conditional approval shall be denied, in writing.

DHS 131.40(5) (5) Expiration of approval.

DHS 131.40(5)(a) (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.

DHS 131.40(5)(b) (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.

DHS 131.40(5)(c) (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.

DHS 131.40(5)(d) (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 one 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.

DHS 131.40(5)(e) (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.

DHS 131.40(6) (6) Extension of plan approval. Upon request and payment of the fee specified in s. DHS 131.42 (3) (d), the expiration dates in sub. (5) (a) to (e) may be extended provided the request is submitted prior to expiration of the original approval.

DHS 131.40(7) (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 hospice in writing of any conflict with this subchapter found in its review of modified plans and specifications.

DHS 131.40(8) (8) Permission to start construction.

DHS 131.40(8)(a) (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 s. DHS 131.40 (3).

DHS 131.40(8)(b) (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 under s. DHS 131.42 (3) (b), construction documents and information required to complete the review.

DHS 131.40(8)(c) (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.

DHS 131.40(9) (9) Onsite reviews. The department may conduct onsite reviews during the construction phase of the project including framing reviews, above ceiling reviews, and finish reviews.

DHS 131.40 History History: CR 19-092: cr. Register July 2020 No. 775, eff. 8-1-20.

DHS 131.41 DHS 131.41 Plan review.

DHS 131.41(1) (1) Before the start of any construction or alteration project for a hospice, the plans for the construction or alteration shall be submitted to the department, pursuant to s. DHS 131.40, for review and approval by the department.

DHS 131.41(2) (2) The department shall review hospice construction and alteration plans for compliance with all of the following:

DHS 131.41(2)(a) (a) This chapter.

DHS 131.41(2)(b) (b) The Wisconsin Commercial Building Code, chs. SPS 361 to 366, with the exception of 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.

DHS 131.41(2)(c) (c) 2012 edition of the Life Safety Code NFPA 101.

DHS 131.41 Note Note: Copies of the Life Safety Code NFPA documents and related codes are on file in the Department’s Division of Quality Assurance and the Legislative Reference Bureau and are available at the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.

DHS 131.41 History History: CR 19-092: cr. Register July 2020 No. 775, eff. 8-1-20.

DHS 131.42 DHS 131.42 Fees for plan reviews.

DHS 131.42(1) (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. 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 schedule under sub. (2).

DHS 131.42(2) (2) Fee based on project dollar value.

DHS 131.42(3) (3) Other fee provisions related to review of plans.

DHS 131.42(3)(a) (a) Fee for miscellaneous plans. The fee for a miscellaneous plan review and inspection shall be $250. Miscellaneous plans are plans that have no building or heating, ventilation and air conditioning plan submissions and for which there may not be an associated area. Miscellaneous plans include:

DHS 131.42(3)(a)1. 1. Footing and foundation plans submitted prior to the submission of the building plans;

DHS 131.42(3)(a)2. 2. Structural plans submitted as independent projects, such as docks or, antennae; and

DHS 131.42(3)(a)3. 3. Plans for any building component.

DHS 131.42(3)(b) (b) 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 under s. DHS 131.40 (8).

DHS 131.42(3)(c) (c) 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.

DHS 131.42(3)(d) (d) Fee for extension of plan approval. The examination fee for a plan previously approved by the department for which an approval extension beyond the time limit specified in this chapter shall be $120 per plan.

DHS 131.42(3)(e) (e) Fee for plan entry. In addition to the plan review and inspection fees for a project, each separate submission of plans for the project shall be accompanied by a $100.00 plan entry fee. When plans for multiple projects are submitted together, each project shall constitute a separate submission and requires a $100.00 plan entry fee.

DHS 131.42(3)(f) (f) Fee for petitions for variance. The fee for reviewing commercial building code petitions for variance shall be in accordance with SPS 302. The fee for reviewing a petition on a priority basis shall be in accordance with SPS 302.