DHS 83.03DHS 83.03Variance and waiver.
DHS 83.03(1)(1)In this section:
DHS 83.03(1)(a)(a) “Variance” means the granting of an alternate means of meeting a requirement in this chapter.
DHS 83.03(1)(b)(b) “Waiver” means the granting of an exemption from a requirement of this chapter.
DHS 83.03(2)(2)Exception to a requirement.
DHS 83.03(2)(a)(a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare or rights of any resident.
DHS 83.03(2)(b)(b) A written request for a waiver or variance shall be sent to the department and include justification that the waiver or variance will not adversely affect the health, safety or welfare of any resident for the requested action.
DHS 83.03(2)(c)(c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
DHS 83.03 NoteNote: Send a request for a waiver or variance of a requirement of this chapter to the appropriate regional office of the Department’s Division of Quality Assurance listed in Appendix A. Information about the Division of Quality Assurance can be found at: http://dhs.wi.gov/rl_dsl/bqainternet.htm
DHS 83.03(3)(3)The department may rescind a waiver or variance if any of the following occurs:
DHS 83.03(3)(a)(a) The department determines the waiver or variance has adversely affected the health, safety or welfare of the residents.
DHS 83.03(3)(b)(b) The CBRF fails to comply with any of the conditions of the waiver or variance as granted.
DHS 83.03 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
subch. II of ch. DHS 83Subchapter II — Licensing
DHS 83.04DHS 83.04Licensing categories. The department shall license each CBRF as follows:
DHS 83.04(1)(1)Size.
DHS 83.04(1)(a)(a) A CBRF for 5 to 8 residents is a small CBRF.
DHS 83.04(1)(b)(b) A CBRF for 9 to 20 residents is a medium CBRF.
DHS 83.04(1)(c)(c) A CBRF for 21 or more residents is a large CBRF.
DHS 83.04(2)(2)Classification.
DHS 83.04(2)(a)(a) Class A ambulatory. A class A ambulatory CBRF serves only residents who are ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
DHS 83.04(2)(b)(b) Class A semi-ambulatory (AS). A class A semi-ambulatory CBRF serves only residents who are ambulatory or semi-ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
DHS 83.04(2)(c)(c) Class A non-ambulatory (ANA). A class A non-ambulatory CBRF serves residents who are ambulatory, semi-ambulatory or non-ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
DHS 83.04(2)(d)(d) Class C ambulatory (CA). A class C ambulatory CBRF serves only residents who are ambulatory but one or more of whom are not mentally capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
DHS 83.04(2)(e)(e) Class C semi-ambulatory (CS). A class C semi-ambulatory CBRF serves only residents who are ambulatory or semi-ambulatory, but one or more of whom are not physically or mentally capable of responding to a fire alarm by exiting the CBRF without help or verbal or physical prompting.
DHS 83.04(2)(f)(f) Class C non-ambulatory (CNA). A class C non-ambulatory CBRF serves residents who are ambulatory, semi-ambulatory or non-ambulatory, but one or more of whom are not physically or mentally capable of responding to a fire alarm by exiting the CBRF without help or verbal or physical prompting.
DHS 83.04 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.05DHS 83.05Application requirements.
DHS 83.05(1)(1)No person may conduct, maintain, operate or permit to be maintained or operated a CBRF unless the CBRF is licensed by the department. A person who assumes ownership interest in a CBRF, regardless of whether the transfer includes title to the real estate, or changes the location of the CBRF shall complete an application as required under sub. (2).