DHS 83.49(2)(a) (a) No more than 4 residents require a class CA, class CS or class CNA CBRF.

DHS 83.49(2)(b) (b) The bedroom and congregate dining and living area for any resident requiring a class CA, class CS or class CNA who is blind or not fully ambulatory shall be on the first floor. CBRFs serving one or more non-ambulatory residents shall have 2 accessible exits to grade.

DHS 83.49(2)(c) (c) The CBRF is not located in a building which has more than 2 living units or has more than 2 stories.

DHS 83.49(2)(d) (d) The requirements for a smoke and heat detection system under s. DHS 83.48 (1) to (7) are met.

DHS 83.49(2)(e) (e) The smoke detection system has a backup battery power supply and is externally monitored so activation of the system automatically results in notification of the local fire department. Tape or voice type dialers are prohibited. Acceptable configurations for external monitoring are limited to any of the following:

DHS 83.49(2)(e)1. 1. A digital communicator linked to a listed monitoring company.

DHS 83.49(2)(e)2. 2. A digital communicator linked to the municipal or county emergency dispatch center or to the local fire department.

DHS 83.49(2)(e)3. 3. A direct phone line connecting the detection system to the municipal or county emergency dispatch center or to the local fire department.

DHS 83.49(2)(f) (f) There is smoke separation between each floor level to prevent vertical movement of smoke.

DHS 83.49(2)(g) (g) The emergency and disaster plan under s. DHS 83.47 (2) (a) specifies evacuation of residents as the response to a fire. Horizontal evacuation, use of area of refuge or use of point of rescue is prohibited. No resident may have an evacuation time, as determined under s. DHS 83.35 (5) that exceeds 2 minutes.

DHS 83.49 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.50 DHS 83.50 Minimum type of construction.

DHS 83.50(1) (1) Application of habitable floor definition. The number of habitable floors in a CBRF shall determine the type of construction for each class of licensure and when an automatic sprinkler system, combined with a smoke detection system, may substitute for the required type of construction.

DHS 83.50(2) (2) Minimum type of construction for each class of licensure.

DHS 83.50(2)(a) (a) A CBRF with 3 or fewer habitable floors shall meet the construction requirements for class of licensure in Table DHS 83.50 and as specified under subds. 1. to 3.

DHS 83.50(2)(a)1. 1. Construction Type IB means fire-resistive construction consisting of exterior walls of concrete or masonry, floors and roof of fireproofed steel or concrete and interior partitions of concrete block or steel studs.

DHS 83.50(2)(a)2. 2. Construction Type IIA means metal frame protected construction consisting of structural parts and enclosing walls of masonry in combination with other noncombustible material.

DHS 83.50(2)(a)3. 3. Construction Type VB means wood frame unprotected construction consisting of exterior walls of wood studs covered, for example, with metal or wood siding, brick, stone, slate, vinyl, metal, or wood, wood floors and roof, and interior partitions of wood stud and plaster or drywall.

- See PDF for table

DHS 83.50 Note Note: For information regarding types of construction see ch. SPS 361.

DHS 83.50(2)(b) (b) For class AS and class ANA facilities, the bedrooms and congregate dining and living area for blind, non-ambulatory, semi-ambulatory or physically disabled residents shall be on the first floor.

DHS 83.50(2)(c) (c) A CBRF of any type of construction initially licensed for a class CA, class CS or class CNA occupancy on or after January 1, 1997, shall have a sprinkler system under s. DHS 83.48 (8), except as provided under s. DHS 83.49 (2).

DHS 83.50(2)(d) (d) The third floor of a 3 story unprotected wood frame building may not be used for sleeping, eating, cooking or as habitable rooms, unless the building is protected by a complete automatic sprinkler system in accordance with NFPA 13, except that storage or office space for the licensee or employees may be located on that floor.

DHS 83.50(2)(e) (e) Any CBRF that meets the requirement of type IB construction in Table DHS 83.50 and is not protected by a sprinkler system shall have either an area of refuge under s. DHS 83.51 or be approved by the department for horizontal evacuation under s. DHS 83.59 (1) (b) on each floor without 2 grade level or ramped exits when residents not capable of negotiating stairs without assistance reside on the floor.

DHS 83.50(2)(f) (f) A CBRF located in a building of more than 3 stories shall be in compliance with requirements found in ch. SPS 361 and shall be equipped with a complete automatic sprinkler system under NFPA 13.

DHS 83.50 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (2) (a) 3. Register December 2010 No. 660, eff. 1-1-11; correction in (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

DHS 83.51 DHS 83.51 Area of refuge.

DHS 83.51(1) (1) A room to be used as an area of refuge may not be a bedroom or a room for the private use of any resident, other occupant, employee, or licensee.

DHS 83.51(2) (2) The area of refuge shall be constructed of fire resistive construction rated for at least one-hour rated fire resistive construction. Whenever the room exits into an enclosed stairwell that is required to be of more than one-hour fire resistive construction, the room shall have the same fire-resistive construction, including the same doorway protection, as required for the adjacent stairwell.