Chapter DHS 132

DHS 132.72(4) (4) Garbage. Storage containers. All garbage and rubbish shall be stored in leakproof, nonabsorbent containers with close-fitting covers, and in areas separate from those used for the preparation and storage of food. Containers shall be cleaned regularly. Paperboard containers shall not be used.

DHS 132.72(6) (6) Pest control.

DHS 132.72(6)(b) (b) Provision of service. Pest control services shall be provided in accordance with the requirements of s. 94.705, Stats.

DHS 132.72(6)(c) (c) Screening of windows and doors. All windows and doors used for ventilation purposes shall be provided with wire screening of not less than number 16 mesh or its equivalent and shall be properly installed and maintained to prevent entry of insects. Screen doors shall be self-closing and shall not interfere with exiting. Properly installed airflow curtains or fans may be used in lieu of screens.

DHS 132.72 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (b), (c) and (e), (6) (c), Register, January, 1987, No. 373, eff. 2-1-87; CR 06-053: r. (2) (a) to (d), (4) (b), (5) and (6) (a), renum. (4) (a) to be (4), Register August 2007 No. 620, eff. 9-1-07.

subch. VIII of ch. DHS 132 Subchapter VIII — Life Safety, Design and Construction

DHS 132.81 DHS 132.81 Scope and definitions.

DHS 132.81(1) (1) Application. This subchapter applies to all facilities except where noted. Wherever the rules in ss. DHS 132.83 and 132.84 modify the applicable life safety code under s. DHS 132.82, these rules shall take precedence.

DHS 132.81(2) (2) Definitions. The definitions in the applicable life safety code required under s. DHS 132.82 apply to this subchapter. In addition, in this subchapter:

DHS 132.81(2)(a) (a) “Life safety code” means the National Fire Protection Association’s standard 101.

DHS 132.81(2)(b) (b) “Period A facility” means a facility or a portion of a facility which before July 1, 1964, was either licensed as a nursing home or had the plans approved by the department; a county home or county mental hospital approved under former ch. PW 1 or 2 before July 1, 1964, which is to be converted to nursing home use; a hospital approved under ch. DHS 124 before July 1, 1964, which is to be converted to nursing home use; or any other recognized inpatient care facility in operation before July 1, 1964, to be converted to nursing home use.

DHS 132.81(2)(c) (c) “Period B facility” means a facility or a portion of a facility the plans for which were approved by the department on or after July 1, 1964, but no later than December 1, 1974; a county home or county mental hospital approved under former ch. PW 1 or 2, on or after July 1, 1964, but no later than December 1, 1974, which is to be converted for nursing home use; or any other recognized inpatient care facility in operation on or after July 1, 1964, but no later than December 1, 1974, which is to be converted to nursing home use.

DHS 132.81(2)(d) (d) “Period C facility” means a facility, the plans for which were approved by the department after December 1, 1974, including new additions to existing licensed facilities and major remodeling and alterations.

DHS 132.81 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2), Register, January, 1987, No. 373, eff. 2-1-87; reprinted to restore dropped copy in (2) (b), Register, May, 1987, No. 377; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 132.812 DHS 132.812 Review for compliance with this chapter and the state building code.

DHS 132.812(1) (1) The department shall review nursing home construction and remodeling plans for compliance with this chapter and for compliance with the state commercial building code, chs. SPS 361 to 365, with the exception of s. SPS 361.31 (3). Where chs. SPS 361 to 365 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 132.812(2) (2) The department shall have 45 working days from receipt of an application for plan review and all required forms, fees, plans and documents to complete the review and approve, approve with conditions or deny approval for the plan.

DHS 132.812 History History: Emerg. cr., eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 7-1-96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; 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.

DHS 132.815 DHS 132.815 Fees for plan reviews.

DHS 132.815(1) (1) Requirement. Before the start of any construction or remodeling project for a nursing home, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. DHS 132.84 (17), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.

DHS 132.815(2) (2) Fee schedule.

DHS 132.815(2)(a) (a) General. The department shall charge a fee for the review under s. DHS 132.812 of plans for a nursing home capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, as found in par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).

DHS 132.815(2)(b) (b) Fee part based on project dollar value. The part of the fee based on project dollar value shall be as follows:

DHS 132.815(2)(b)1. 1. For projects with an estimated dollar value of less than $5,000, $100;

DHS 132.815(2)(b)2. 2. For projects with an estimated dollar value of at least $5,000 but less than $25,000, $300;

DHS 132.815(2)(b)3. 3. For projects with an estimated dollar value of at least $25,000 but less than $100,000, $500;

DHS 132.815(2)(b)4. 4. For projects with an estimated dollar value of at least $100,000 but less than $500,000, $750;

DHS 132.815(2)(b)5. 5. For projects with an estimated dollar value of at least $500,000 but less than $1 million, $1,500;

DHS 132.815(2)(b)6. 6. For projects with an estimated dollar value of at least $1 million but less than $5 million, $2,500; and

DHS 132.815(2)(b)7. 7. For projects with an estimated dollar value of $5 million or more, $5,000.

DHS 132.815(2)(c) (c) Fee part based on total gross floor area.

DHS 132.815(2)(c)1. 1. ‘General.’ The part of the fee based on total gross floor area shall be as provided in Table 132.815 subject to the conditions set out in this paragraph.

DHS 132.815(2)(c)2. 2. ‘Building, heating and ventilation.’ The fees in Table 132.815 apply to the submittal of all building and heating, ventilation and air conditioning (HVAC) plans. A fee for review of plans shall be computed on the basis of the total gross floor area of each building.

TABLE 132.815

DHS 132.815(2)(c)3. 3. ‘Scope of fee.’ The fees indicated in Table 132.815, relating to building and heating, ventilation and air conditioning plans, include the plan review and inspection fee for all components, whether submitted with the original submittal or at a later date. Components covered by that fee are:

DHS 132.815(2)(c)3.a. a. Building plans;

DHS 132.815(2)(c)3.b. b. Heating, ventilation and air conditioning plans;

DHS 132.815(2)(c)3.c. c. Bleacher plans for interior bleachers only;

DHS 132.815(2)(c)3.d. d. Fire escape plans;

DHS 132.815(2)(c)3.e. e. Footing and foundation plans; and

DHS 132.815(2)(c)3.f. f. Structural component plans, such as plans for floor and roof trusses, precast concrete, laminated wood, metal buildings, solariums and other similar parts of the building.

DHS 132.815(2)(c)4. 4. ‘Building alteration.’

DHS 132.815(2)(c)4.a. a. The examination fee for review of plans for alteration of existing buildings and structures undergoing remodeling or review of tenant space layouts shall be determined in accordance with Table 132.815 on the basis of the gross floor area undergoing remodeling.

DHS 132.815(2)(c)4.b. b. The fee specified in subd. 4. a. shall be based on the actual gross square footage of the area being remodeled. When remodeling of an individual building component affects building code compliance for a larger area, the fee shall be computed on the basis of the total square footage of the affected area.

DHS 132.815(2)(d) (d) Total fee for review of plans. To determine the total fee for review of plans, the department shall:

DHS 132.815(2)(d)1. 1. Add the fee parts from pars. (b) and (c); and

DHS 132.815(2)(d)2. 2. Multiply the sum obtained in subd. 1. by 0.95.

DHS 132.815(2)(e) (e) Other fee provisions related to review of plans.

DHS 132.815(2)(e)1. 1. ‘Fee for miscellaneous plans.’ 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. The fee for a miscellaneous plan shall be $250. This fee is for plan review and inspection. Miscellaneous plans include:

DHS 132.815(2)(e)1.a. a. Footing and foundation plans submitted prior to the submission of the building plans;

DHS 132.815(2)(e)1.b. b. Plans for industrial exhaust systems for dust, fumes, vapors and gases, for government-owned buildings only;

DHS 132.815(2)(e)1.c. c. Spray booth plans, for government-owned buildings only;

DHS 132.815(2)(e)1.d. d. Stadium, grandstand and bleacher plans, and interior bleacher plans submitted as independent projects;

DHS 132.815(2)(e)1.e. e. Structural plans submitted as independent projects, such as docks, piers, antennae, outdoor movie screens and observation towers; and

DHS 132.815(2)(e)1.f. f. Plans for any building component, other than building and heating, ventilation and air conditioning, submitted following the final inspection by the department.

DHS 132.815(2)(e)2. 2. ‘Fee for permission to start construction.’ The fee for permission to start construction shall be $80. This fee shall apply to those applicants proposing to start construction prior to the approval of the plans by the department.

DHS 132.815(2)(e)3. 3. ‘Fee for plan revision.’ The fee for revision of previously approved plans shall be $100. 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 132.815(2)(e)4. 4. ‘Fee for extension of plan approval.’ The examination fee for a plan previously approved by the department for which an approval extension [was requested] beyond the time limit specified in this chapter shall be $75 per plan.

DHS 132.815(2)(e)5. 5. ‘Collection of fees.’ Fees shall be remitted at the time the plans are submitted. No plan examinations, approvals or inspections may be made until fees are received.

DHS 132.815(2)(e)6. 6. ‘Handling and copying fees.’

DHS 132.815(2)(e)6.a. a. The department shall charge a handling fee of $50 per plan to the submitting party for any plan that is submitted to the department, entered into the department’s system and subsequently requested by the submitting party to be returned prior to departmental review.

DHS 132.815(2)(e)6.b. b. The department may charge a photocopying fee of 25 cents per page to anyone who requests copies of construction or remodeling plans, except that a fee of $5 per plan sheet shall be charged for reproduction of plan sheets larger than legal size.

DHS 132.815(3) (3) Handling and copying fees.

DHS 132.815(3)(a) (a) The department shall charge a handling fee of $50 per plan to the submitting party for any plan which is submitted to the department, entered into the department’s system and then the submitting party requests that it be returned prior to review.

DHS 132.815(3)(b) (b) The department may charge a photocopying fee of 25 cents per page to anyone who requests copies of construction or remodeling plans, except that a fee of $5 per plan sheet shall be charged for reproduction of plan sheets larger than legal size.

DHS 132.815 History History: Emerg. cr. eff. 1-1-94; cr. Register, August, 1994, No. 464, eff. 9-1-94; emerg. r. and recr. (2), eff. 7-1-96; r. and recr. (2), Register, December, 1996, No. 492, eff. 1-1-97.

DHS 132.82 DHS 132.82 Life safety code.

DHS 132.82(1) (1) Applicability. Facilities shall meet the applicable provisions of the 2012 edition of the Life Safety Code.

DHS 132.82 Note Note: Copies of the 2012 Life Safety Code and related codes are on file in the Department’s Division of Quality Assurance and the Legislative Reference Bureau, and may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

DHS 132.82(2) (2) Fire safety evaluation system. A proposed or existing facility not meeting all requirements of the applicable life safety code shall be considered in compliance if it achieves a passing score on the Fire Safety Evaluation System (FSES), developed by the United States department of commerce, national bureau of standards, to establish safety equivalencies under the life safety code.

DHS 132.82(3) (3) Resident safety and disaster plan.

DHS 132.82(3)(a) (a) Disaster plan.

DHS 132.82(3)(a)1. 1. Each facility shall have a written procedure which shall be followed in case of fire or other disasters, and which shall specify persons to be notified, locations of alarm signals and fire extinguishers, evacuation routes, procedures for evacuating helpless residents, frequency of fire drills, and assignment of specific tasks and responsibilities to the personnel of each shift and each discipline.

DHS 132.82(3)(a)2. 2. The plan shall be developed with the assistance of qualified fire and safety experts, including the local fire authority.

DHS 132.82(3)(a)3. 3. All employees shall be oriented to this plan and trained to perform assigned tasks.

DHS 132.82(3)(a)4. 4. The plan shall be available at each nursing station.

DHS 132.82(3)(a)5. 5. The plan shall include a diagram of the immediate floor area showing the exits, fire alarm stations, evacuation routes, and locations of fire extinguishers. The diagram shall be posted in conspicuous locations in the corridor throughout the facility.

DHS 132.82(3)(b) (b) Drills. Fire drills shall be held at irregular intervals at least 4 times a year on each shift and the plan shall be reviewed and modified as necessary. Records of drills and dates of drills shall be maintained.

DHS 132.82(3)(c) (c) Fire inspections. The administrator of the facility shall arrange for fire protection as follows:

DHS 132.82(3)(c)1. 1. At least semiannual inspection of the facility shall be made by the local fire inspection authorities. Signed certificates of such inspections shall be kept on file in the facility.

DHS 132.82(3)(c)2. 2. Certification by the local fire authority as to the fire safety of the facility and to the adequacy of a written fire plan for orderly evacuation of residents shall be obtained and kept on file in the facility.

DHS 132.82(3)(c)3. 3. Where the facility is located in a city, village, or township that does not have an official established fire department, the licensee shall obtain and maintain a continuing contract for fire protection service with the nearest municipality providing such service. A certification of the existence of such contract shall be kept on file in the facility.

DHS 132.82 Note Note: See NFPA 10, 1973 edition.

DHS 132.82(3)(e) (e) Fire report. All incidents of fire in a facility shall be reported to the department within 72 hours.

DHS 132.82 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (1) and (2), r. (4), renum. (3) and (5) to be (4) and (6), cr. (3) and (5), Register, January, 1987, No. 373, eff. 2-1-87; emerg. am. (3), cr. (3m), r. and recr. (5) and Table, eff. 7-1-94; am. (3), cr. (3m), r. and recr. (5) and Table, Register, January, 1995, No. 469, eff. 2-1-95; CR 04-053: r. and recr. (1) to (5), renum. (6) to be (3) Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (3) (d) and (f) to (i), Register August 2007 No. 620, eff. 9-1-07; CR 16-087: am. (1) Register September 2017 No. 741, eff. 10-1-17.

DHS 132.83 DHS 132.83 Safety and systems.

DHS 132.83(1) (1) Maintenance. The building shall be maintained in good repair and kept free of hazards such as those created by any damaged or defective building equipment.

DHS 132.83(3) (3) Doors.

DHS 132.83(3)(d) (d) Toilet room doors. In period B and C facilities, resident toilet room doors shall be not less than 3 feet 0 inches by 6 feet 8 inches, and shall not swing into the toilet room unless they are provided with two-way hardware.