Before beginning operation as a residential care center, all buildings of the residential care center shall be inspected by the Wisconsin department of safety and professional services by a certified building inspector and as needed.
The licensee shall submit for approval to the department and to the department of safety and professional services, division of safety and buildings, plans for any new buildings or for alterations which will affect the structural strength, area dimensions, safety or sanitary conditions of existing buildings. The center shall have in writing the approval of both the department and the department of safety and professional services before letting contracts for construction.
DCF 52.51 Note
Note: Send building plans to the appropriate Building, Grounds and Safety field office of the Department of Safety and Professional Services and to your licensing representative at the appropriate field office listed in Appendix D.
Exclusive use of space.
Center living or work space designated on approved building plans for use by residents or staff may not be used for other purposes, except with approval of the department's licensing specialist.
Center grounds shall be maintained in a clean and orderly condition and shall be free of refuse, debris and hazards.
Except as provided under par. (b)
, buildings housing residents unable to take independent action for self-preservation shall be of fire-resistive construction as defined in chs. SPS 361
, the Wisconsin Commercial Building Code or protected by a complete, automatic fire sprinkler system. Sprinkler systems installed shall have residential sprinkler heads or fast response sprinkler heads. A sprinkler system shall meet the requirements of chs. SPS 361
, the Wisconsin Commercial Building Code and any applicable local ordinances for a building of 16 or fewer beds or for a building with 17 or more beds. A sprinkler system shall be installed in accordance with the manufacturer's instructions.
DCF 52.51 Note
See s. DCF 52.55 (7)
for inspection and maintenance requirements for sprinkler systems.
Sprinklered residential living areas in a building shall be separated from adjacent non-sprinklered or non-fire proof construction areas in the same building by at least a 2-hour rated fire wall separation.
A center which serves residents who are not able to walk or are able to walk only with crutches or other means of support shall comply with accessibility requirements found in appendix B of this chapter.
Except for locked rooms or units under s. DCF 52.42
, all interior doors, including those for closets, shall have fastenings or hardware that will allow opening from the inside with one hand without the use of a key.
The design of a door equipped with a lock or latch shall permit opening the door from either side in case of emergency.
In a building housing residents, an employee on each work shift shall have a key or other means of opening doors with locks or closing devices in that area.
Accessibility requirements in appendix B of this chapter shall be met for residents.
Electrical wiring, outlets and fixtures shall be properly installed and maintained in safe working condition as required under ch. SPS 316
The minimum number of fixtures and outlets shall be as follows:
At least one approved ceiling or wall-type electric light fixture for every lavatory, bathroom, kitchen or kitchenette, dining room, laundry room and furnace room, with no less than 5 footcandles of light at floor level in the center of the room, and with switches or equivalent devices for turning on at least one conveniently located light in each room and passageway to control the lighting in the area. The center may substitute a switched fixture for a ceiling or wall fixture in lavatories, bathrooms and dining rooms.
At least one outlet in each resident bedroom and in each laundry area and bathroom.
At least 3 outlets in the kitchen, with separate outlets for the refrigerator and electric stove.
Ground fault interrupt protection for any electrical outlet within 6 feet of a water source in a bathroom, kitchen area, laundry room or basement and on the exterior of the facility and in the garage.
Extension cords may not be used inside buildings to provide regular electrical service. Where extension cords are used inside buildings, the center shall plug extension cords into underwriters laboratories (U.L.) approved fused convenience outlets or outlet banks.
A center may not have any temporary wiring or exposed or abandoned wiring.
Center electrical service inspections shall be completed by a certified inspector as required under ch. SPS 316
DCF 52.51 History
Cr. Register, February, 2000, No. 530
, eff. 9-1-00; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546
; CR 04-040
: am. (1) (a) 1., (b) and (2) Register December 2004 No. 588
, eff. 1-1-05; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
; correction in (1) (a) 1., (b), (c), (2) (a), (5) (a), (e) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672
, eff. 1-1-12.
General physical environment. DCF 52.52(1)(a)(a)
Center buildings housing 9 or more residents.
Buildings constructed or other facilities converted to resident living space for 9 or more residents after February 1, 1971 shall contain resident living space at least equal to 60 square feet per resident. In this paragraph, "resident living space" means indoor living and recreation space in addition to bedroom space and dining space and exclusive of hallways less than 7 feet in width, bathrooms, lockers, offices, storage rooms, latched or locked time-out rooms, locked units, staff rooms, furnace rooms, any unfinished part of a building and that part of the kitchen occupied by stationary equipment.
Center buildings housing 8 or fewer residents.
Center buildings housing 8 or fewer residents shall provide at least 200 square feet of combined resident living space, bedroom space and dining space for each occupant. In this paragraph, "resident living space" includes all areas of the house except an unfinished basement, attic, or similar areas not usually occupied in daily living.
(2) Dining space.
A center shall provide at least 15 square feet of dining space for each occupant.
All windows through which sunlight enters shall have appropriate coverings, and all openable windows shall have insect-proof screens in the summer.
A center which is licensed for the first time or moves to a new location after September 1, 2000 shall meet the window requirements of chs. SPS 361
The inside temperature of a center building for residents may not be lower than 67° F. (20° C.).
The inside temperature of a center building for residents may not be higher than 85° F (30° C.).
A center without a system to maintain the inside temperature below 85° F (30° C.) shall provide direct air circulation with electrical fans and have openable windows or provide fresh air flow or give residents access to air conditioned areas for heat relief.
Each room used by residents shall contain furnishings appropriate for the intended use of the room. Furnishings shall be safe for use by residents and shall present a comfortable and orderly appearance.
Centers shall keep all rooms used by residents clean and well-ventilated.
Residents shall be responsible only for the cleanliness of their bedrooms or living areas. A center may not hold residents responsible for the general cleanliness of the center.
A non-pay telephone shall be available for use by residents in each building housing residents.
Each phone shall have emergency numbers posted near it for the fire department, police, hospital, physician, poison control center and ambulance service.
DCF 52.52 History
Cr. Register, February, 2000, No. 530
, eff. 9-1-00; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588
; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672
, eff. 1-1-12.
Bath and toilet facilities.
A center shall meet all of the following requirements for bath and toilet facilities and the use of them:
The center shall provide in buildings housing residents one toilet and either a tub or shower for every 8 residents or fraction thereof and one handwashing sink with hot and cold running water for every 4 residents or fraction thereof. At least one-half of the required toilets, tubs or showers and handwashing sinks shall be on the same floor or floors as the sleeping rooms.
Where 9 or more residents reside in a building, the center shall also provide at least one toilet and handwashing sink with hot and cold running water near living rooms and recreation areas for every 8 residents or fraction thereof and provide separate bath and toilet facilities for staff.
In buildings housing both male and female residents, the center shall provide separate bathrooms for each sex and provide separate combination toilet and handwashing sink facilities where center resident activities include both sexes.
Bathroom facilities accessible only through a resident bedroom shall be counted only for the residents of the bedroom.
Every room with a toilet shall have a handwashing sink with hot and cold running water.
If a resident needs assistance in toileting and bathing, a center shall direct a staff member to provide that assistance.
All sinks, tubs and showers shall have an adequate supply of hot and cold water. Hot water shall be regulated by a plumbing industry approved temperature control device such as a mixing valve. The temperature of water delivered at the tap may not exceed 110° F. (43° C.).
All bath and toilet areas shall have good lighting and ventilation and be maintained in a sanitary condition. Safety strips shall be applied to the floors of tubs and showers to prevent slipping.
Toilets, bathtubs and showers used by residents shall be equipped for privacy unless specifically contraindicated for a particular resident by that resident's treatment or care needs, and even then privacy in relation to other residents shall be provided.
The center shall provide each resident with items, conditions and access necessary for personal hygiene and self-grooming including, but not limited to, all of the following:
Access to a shower or bathtub daily, unless medically contraindicated.
An individual hair brush and comb and regular services of a barber or beautician.
Clean individual towels, washcloths and individually dispensed soap.
DCF 52.53 History
Cr. Register, February, 2000, No. 530
, eff. 9-1-00.
Each center bedroom for one resident shall have a minimum of 80 square feet of floor space except that if the resident is not able to walk or is able to walk only with crutches or other means of support the bedroom shall have a minimum of 100 square feet of floor space.
Each center bedroom for more than one resident shall have a minimum of 60 square feet of floor space for each resident except that if a resident is not able to walk or is able to walk only with crutches or other means of support, the bedroom shall have a minimum of 80 square feet of floor space for each resident.
(2) Maximum number of residents.
No bedroom may accommodate more than the following:
Four residents in a facility initially licensed before September 1, 2000.
Two residents in a facility initially licensed on or after September 1, 2000.
Each bedroom shall be enclosed on 4 sides by walls or partitions. The walls or partitions shall be:
At least 6 feet in height in facilities initially licensed prior to September 1, 2000.
Floor-to-ceiling fixed partitions or walls in facilities initially licensed on or after September 1, 2000.
Each bedroom shall have an outside wall with a window that is openable to the exterior.
(4) Prohibited locations.
A center may not locate a resident bedroom in an unfinished basement or attic or in any other area not normally used as a bedroom.
No bedroom may be used by anyone who is not an occupant of the bedroom to gain access to any other part of the center or any required exit.
No resident bedroom may be used for purposes other than as sleeping and living space for bedroom occupants.
A center shall provide each resident with a single bed appropriate to the resident's needs. The bed may not be less than 36 inches wide or shorter than the height of the resident. A bed shall have all of the following:
A mattress that is firm, clean, comfortable and in good condition.
A mattress pad, 2 sheets, 2 blankets, a pillow case, a clean, comfortable pillow and a bedspread.