Chapter DHS 134

DHS 134.83(5)(f)1.a. a. Iron, steel, concrete or other noncombustible material shall be used in the construction and support of the fire escape;

DHS 134.83(5)(f)1.b. b. No part of the path of exit from the facility may be across a roof or other part of the facility that is made of combustible materials;

DHS 134.83(5)(f)1.c. c. To protect against fire in the facility, the walls directly under the stairway and for a distance of 6 feet in all other directions shall be blank or closed walls. A window is permitted within this area if it is stationary or of steel sash construction and is glazed with wire glass of not less than 1/4-inch thickness. The size of the wire glass part of the window may not exceed 1296 square inches and not more than 54 inches in either length or width;

DHS 134.83(5)(f)1.d. d. The fire escape shall be protected by a roof and at least partial sidewalls to prevent the accumulation of snow and ice;

DHS 134.83(5)(f)1.e. e. The bottom riser shall terminate at ground level, with the last riser not more than the spacing of the riser above; and

DHS 134.83(5)(f)1.f. f. It is not a tubular or spiral slide-type fire escape.

DHS 134.83(5)(f)2. 2. Small facilities shall meet either the requirements of subd. 1. or the provisions of the lodgings and rooming house section of the applicable life safety code.

DHS 134.83(5)(g) (g) Conditions for housing certain residents above the street level floor. Residents who are blind, non-ambulatory or physically disabled may not be housed above the street level floor in an existing facility of 2 or more stories that is not at least 2-hour fire-resistive construction unless the facility is one-hour protected noncombustible construction as defined in standard 220 of the NFPA’s National Fire Code, 1979 edition, fully sprinklered one-hour protected ordinary construction or fully sprinklered one-hour protected wood frame construction.

DHS 134.83(5)(h) (h) Storage of oxygen. Oxygen tanks when not in use shall be stored in a ventilated closet designated for that purpose or stored outside the facility building in an enclosed and secured area.

DHS 134.83 Note Note: The 1978 and 1979 editions of NFPA’s National Fire Code referenced in pars. (b) and (g) can be obtained from the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. Copies are kept on file in the offices of the Department’s Division of Quality Assurance and the Legislative Reference Bureau.

DHS 134.83(6) (6) Sprinklers for fire protection.

DHS 134.83(6)(a) (a) Existing facilities. All existing facilities shall have automatic sprinkler protection throughout all buildings unless all walls, partitions, piers, columns, floors, ceilings, roof and stairs are built of noncombustible material and all metallic structural members are protected by a noncombustible fire-resistive covering.

DHS 134.83(6)(b) (b) Certification. Certification that the sprinkler system is in proper operating condition shall be obtained annually from a licensed sprinkler contractor. A copy of the certification document shall be kept on file in the facility.

DHS 134.83(6)(c) (c) New construction and conversions. All newly constructed facilities, additions and buildings to be converted shall have automatic sprinkler protection throughout. In the event of an addition to or remodeling of an existing facility, the facility shall have automatic sprinkler protection throughout the building unless there is a 2-hour fire-rated partition wall between the old and new construction, in which case only the new addition or remodeled area shall be sprinklered. Facilities with more than 16 beds shall meet the automatic sprinkler protection standard 13 of NFPA’s national fire code, 1985 edition. Facilities with 16 or fewer beds shall meet either standard 13 of that edition of the code or standard 13D of NFPA’s national fire code, 1984 edition.

DHS 134.83 Note Note: The 1984 and 1985 editions of NFPA’s National Fire Code can be obtained from the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. Copies are kept on file in the office of the Department’s Division of Quality Assurance and the Legislative Reference Bureau.

DHS 134.83(6)(d) (d) Sprinkler plans. All sprinkler plans shall be submitted to the department’s bureau of quality compliance for review and approval before installation of the sprinkler system.

DHS 134.83 Note Note: The bureau of quality assurance was renamed the division of quality assurance.

DHS 134.83(7) (7) Smoke detectors for fire protection in small facilities.

DHS 134.83(7)(a) (a) A small facility shall provide a low-voltage interconnected smoke detection system to protect the entire facility so that, if any detector is activated, either alarms are triggered throughout the building or a centrally located alarm is triggered, except that a facility with 8 or fewer residents may use a radio-transmitting smoke detection system that triggers an audible alarm in a central area of the facility.

DHS 134.83(7)(b) (b) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of industry,labor and human relations. At least one smoke detector shall be located at each of the following locations:

DHS 134.83(7)(b)1. 1. At the head of every open stairway;

DHS 134.83(7)(b)2. 2. At the door leading to every enclosed stairway on each floor level;

DHS 134.83(7)(b)3. 3. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall;

DHS 134.83(7)(b)4. 4. In each common use room, including living rooms, dining rooms, family rooms, lounges and recreation rooms but not including kitchens; and

DHS 134.83(7)(b)5. 5. In each sleeping room in which smoking is allowed.

DHS 134.83(8) (8) Mechanical systems.

DHS 134.83(8)(a) (a) Water supply.

DHS 134.83(8)(a)1. 1. A potable water supply shall be maintained at all times. If a public water supply is available, it shall be used. If a public water supply is not available, the well or wells shall comply with ch. NR 812.

DHS 134.83(8)(a)2. 2. An adequate supply of hot water shall be available at all times. The temperature of hot water at a plumbing fixture used by residents may not exceed the range of 110° - 115° F.

DHS 134.83(8)(b) (b) Sewage disposal. All sewage shall be discharged into a municipal sewage system, if one is available. Otherwise the sewage shall be collected, treated and disposed of by means of an independent sewage system approved by the department of industry, labor and human relations under applicable state law and by the local authority.

DHS 134.83(8)(c) (c) Plumbing. Plumbing for potable water and for drainage for the disposal of excreta, infectious discharge and wastes shall comply with ch. SPS 382.

DHS 134.83(8)(d) (d) Heating and air conditioning.

DHS 134.83(8)(d)1. 1. The heating and air conditioning systems shall be capable of maintaining adequate temperatures and providing freedom from drafts.

DHS 134.83(8)(d)2. 2. Minimum temperatures of 72°F. (22° C.) shall be maintained during the day and 70° F. (21°C.) during the night in all bedrooms and in all areas used by the residents.

DHS 134.83(8)(e) (e) Telephone. There shall be at least one operational non-pay telephone on the premises and as many additional telephones as are judged necessary in an emergency.

DHS 134.83(8)(f) (f) Incineration.

DHS 134.83(8)(f)1. 1. Facilities for the incineration of soiled dressings and similar wastes, as well as garbage and refuse, shall be provided when other methods of disposal are not available.

DHS 134.83(8)(f)2. 2. An incinerator may not be flue-fed nor shall any upper floor charging chute be connected with the combustion chamber.

DHS 134.83(8)(g) (g) General lighting. Adequate lighting shall be provided in all areas of the facility. Lighting shall be of a type that does not produce discomfort due to high brightness, glare or reflecting surfaces. No candles, oil lanterns or other open-flame method of illumination may be used.

DHS 134.83(8)(h) (h) Ventilation.

DHS 134.83(8)(h)1. 1. The facility shall be well-ventilated through the use of windows or mechanical ventilation or a combination of both. No room may be used for living or sleeping purposes that does not have at least one openable window leading to the outside and direct outside ventilation by means of windows, louvers, or air conditioning or other mechanical ventilation. Other rooms and areas which do not have outside windows and which are used by residents or staff shall be provided with functioning mechanical ventilation to change the air on a basis commensurate with the type of use.

DHS 134.83(8)(h)2. 2. Kitchens, bathrooms, janitor closets and soiled linen rooms shall be ventilated.

DHS 134.83(8)(h)3. 3. In type II facilities:

DHS 134.83(8)(h)3.a. a. When mechanical ventilation is provided, the resident area corridors and the lounge, dining, living and recreation areas shall be under positive pressure; and

DHS 134.83(8)(h)3.b. b. No transom, louver or grill may be in or above a resident room door exiting to a corridor.

DHS 134.83(8)(i) (i) Electrical.

DHS 134.83(8)(i)1. 1. In all facilities nonconductive wall plates shall be provided for electrical outlets if the system is not properly grounded.

DHS 134.83(8)(i)2. 2. In newly constructed facilities at least 2 duplex-type wall outlets shall be provided in close proximity to each resident bed.

DHS 134.83 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; correction in (8) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction in (8) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; CR 04-053: am. (4) (a) and (8) (a) 2., r. (5) (b), (c) and (d) Register October 2004 No. 586, eff. 11-1-04; corrections in (5) (e) 1. and (6) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 20-068: am. (5) (g) Register December 2021 No. 792, eff. 1-1-22.

DHS 134.84 DHS 134.84 Design.

DHS 134.84(1) (1) Submission of plans and specifications.

DHS 134.84(1)(a) (a) For all new construction:

DHS 134.84(1)(a)1. 1. One copy of the schematic and preliminary plans shall be submitted to the department for review and approval of the functional layout; and

DHS 134.84(1)(a)2. 2. One copy of the working plans and specifications shall be submitted to the department for review and approval before construction is begun. The department shall notify the facility in writing of any divergence in the plans and specifications, as submitted, from the rules in this chapter.

DHS 134.84(1)(b) (b) The plans and specifications required under par. (a) shall show the general arrangement of the building, including a room schedule, fixed equipment for each room and room numbers, together with other pertinent information. Plans submitted shall be drawn to scale.

DHS 134.84(2) (2) Resident rooms.

DHS 134.84(2)(a) (a) Assignment of residents. Except as provided in s. DHS 134.31 (3) (f) 1., residents of different sexes shall be separated by means of separate wings, floors or rooms.

DHS 134.84(2)(b) (b) Location.

DHS 134.84(2)(b)1. 1. No resident bedroom may:

DHS 134.84(2)(b)1.a. a. Open directly to a kitchen or laundry;

DHS 134.84(2)(b)1.b. b. Be located so that a person must pass through the bedroom to get to any other part of the facility;

DHS 134.84(2)(b)1.c. c. Be located so that a person must pass through a toilet room or bathroom to get to any other part of the facility;

DHS 134.84(2)(b)1.d. d. Be located so that a person must pass through a kitchen or laundry to get to the resident’s room; or

DHS 134.84(2)(b)1.e. e. Be located so that a person must pass through a kitchen or laundry to get to any other part of the facility.

DHS 134.84(2)(b)2. 2. Each resident bedroom shall:

DHS 134.84(2)(b)2.a. a. Open directly into a corridor;

DHS 134.84(2)(b)2.b. b. Have an outside window or door that is openable;

DHS 134.84(2)(b)2.c. c. Be at or above street grade level; and

DHS 134.84(2)(b)2.d. d. In type II facilities, have walls that extend from floor to ceiling.

DHS 134.84(2)(c) (c) Size.

DHS 134.84(2)(c)1. 1. Bedrooms in existing facilities shall have a floor area of at least 60 square feet per bed in multiple resident bedrooms and 80 square feet in single resident bedrooms, exclusive of vestibule, closets, built-in vanity and wardrobe, toilet rooms and built-in lockers.

DHS 134.84(2)(c)2. 2. Bedrooms in new facilities shall have a floor area of at least 80 square feet per bed in multiple resident rooms and 100 square feet in single rooms, exclusive of vestibule, closets, built-in vanity and wardrobe, toilet rooms and built-in lockers.

DHS 134.84(2)(c)3. 3. In all facilities, the ceiling height in bedrooms shall be a minimum of 7 feet, 6 inches.

DHS 134.84(2)(d) (d) Bed capacity. No more than 4 residents may occupy a room.

DHS 134.84(2)(e) (e) Bed arrangement. The beds shall be arranged so that they are at least 3 feet apart, and a clear aisle space of at least 3 feet shall be provided between any bed and the entrance to the room.

DHS 134.84(2)(f) (f) Windows. In type II facilities, the bottom sill of windows in residents’ rooms shall be no more than 3 feet from the floor.

DHS 134.84(2)(g) (g) Closet space. A closet or locker shall be provided for each resident in the resident’s bedroom. Space allowed for each closet or locker shall be at least 15 inches wide by 18 inches deep by 5 feet in height, with clothes racks and shelves accessible to the resident.

DHS 134.84(2)(h) (h) Room identification. Each bedroom shall be identified with a unique number placed on or near the door.

DHS 134.84(2)(i) (i) Design and proximity to baths. Residents’ rooms shall be designed and equipped for the comfort of residents and shall be designed and equipped for the privacy of residents unless specifically contraindicated by program needs. Each bedroom shall have within it or adjacent to it, or shall be conveniently located near, adequate toilet and bathing facilities.

DHS 134.84(3) (3) Toilet and bathing facilities.

DHS 134.84(3)(a) (a) General. All lavatories shall have both hot and cold running water. Toilets shall be water-flushed and equipped with open front seats without lids.

DHS 134.84(3)(b) (b) Employee and family facilities. Toilets, baths and lavatories for use by employees and family members shall be separate from those used by residents, except in small facilities.

DHS 134.84(3)(c) (c) Facilities for persons with physical disabilities. Resident bathrooms and bathroom appliances shall be equipped for use by individuals with physical disabilities.

DHS 134.84(3)(d) (d) Grab bars. Grab bars shall be installed and firmly secured in toilet and bathing compartments.

DHS 134.84(3)(e) (e) Wheelchair access. On floors housing residents who use wheelchairs there shall be at least one toilet room large enough to accommodate wheelchairs.

DHS 134.84 Note Note: Requirements for wheelchair access to toilets in health care facilities are contained in ch. SPS 362.

DHS 134.84(3)(f) (f) Resident toilet and bathing facilities. In all facilities:

DHS 134.84(3)(f)1. 1. Separate toilet and lavatory facilities shall be provided for males and females in at least the following numbers:

DHS 134.84(3)(f)1.a. a. One toilet and one lavatory for every 8 female residents; and