DHS 134.81 DHS 134.81Scope and definitions.
DHS 134.81(1)(1)Application. This subchapter applies to all facilities except where noted. Wherever a rule in s. DHS 134.83 or 134.84 modifies the applicable life safety code under s. DHS 134.82, the rule shall take precedence.
DHS 134.81(2) (2)Definitions. The definitions in the applicable life safety code required under s. DHS 134.82 apply to this subchapter. In addition, in this subchapter:
DHS 134.81(2)(a) (a) “Type I facility" means a facility first licensed by the department or the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32 prior to January 23, 1968, or as a public institution serving people with developmental disabilities under ch. H 34 prior to or on November 1, 1972.
DHS 134.81(2)(b) (b) “Type II facility" means a facility the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32, or under ch. HSS 3 or 132, on or after January 23, 1968, or which was approved as a public institution serving people with developmental disabilities under ch. H 34 after November 1, 1972, or which applies for approval on or after July 1, 1988, including new construction, an addition to an existing licensed facility and major remodeling, alteration or conversion of a facility.
DHS 134.81 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: am. (2) (a) and (b) Register October 2004 No. 586, eff. 11-1-04.
DHS 134.812 DHS 134.812Review for compliance with this chapter and the state building code.
DHS 134.812(1)(1)The department shall review FDD 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 the purposes of review under this chapter to refer to the department of health services.
DHS 134.812(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 the plan, approve the plan with conditions or deny approval for the plan.
DHS 134.812 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; 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 134.815 DHS 134.815Fees for plan reviews.
DHS 134.815(1)(1)Requirement. Before the start of any construction or remodeling project for an FDD, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. DHS 134.84 (1), 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 134.815(2) (2)Fee schedule.
DHS 134.815(2)(a) (a) General. The department shall charge a fee for the review under s. DHS 134.812 of plans for an FDD 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, in accordance with 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 134.815(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 134.815(2)(b)1. 1. For projects with an estimated dollar value of less than $5,000, $100;
DHS 134.815(2)(b)2. 2. For projects with an estimated dollar value of at least $5,000 but less than $25,000, $300;
DHS 134.815(2)(b)3. 3. For projects with an estimated dollar value of at least $25,000 but less than $100,000, $500;
DHS 134.815(2)(b)4. 4. For projects with an estimated dollar value of at least $100,000 but less than $500,000, $750;
DHS 134.815(2)(b)5. 5. For projects with an estimated dollar value of at least $500,000 but less than $1 million, $1,500;
DHS 134.815(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 134.815(2)(b)7. 7. For projects with an estimated dollar value of $5 million or more, $5,000.
DHS 134.815(2)(c) (c) Fee part based on total gross floor area.
DHS 134.815(2)(c)1.1. `General.' The part of the fee based on total gross floor area shall be as provided in Table 134.815 subject to the conditions set out in this paragraph.
DHS 134.815(2)(c)2. 2. `Building, heating and ventilation.' The fees in Table 134.815 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. - See PDF for table PDF - See PDF for table PDF
DHS 134.815(2)(c)3. 3. `Scope of fee.' The fees indicated in Table 134.815, relating to building and heating, ventilation and air conditioning plans, includes 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 134.815(2)(c)3.a. a. Building plans;
DHS 134.815(2)(c)3.b. b. Heating, ventilation and air conditioning plans;
DHS 134.815(2)(c)3.c. c. Bleacher plans for interior bleachers only;
DHS 134.815(2)(c)3.d. d. Fire escape plans;
DHS 134.815(2)(c)3.e. e. Footing and foundation plans; and
DHS 134.815(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 134.815(2)(c)4. 4. `Building alteration.'
DHS 134.815(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 134.815 on the basis of the gross floor area undergoing remodeling.
DHS 134.815(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 134.815(2)(d) (d) Total fee for review of plans. To determine the total fee for review of plans, the department shall:
DHS 134.815(2)(d)1. 1. Add the fee parts from pars. (b) and (c); and
DHS 134.815(2)(d)2. 2. Multiply the sum obtained in subd. 1. by 0.95.
DHS 134.815(2)(e) (e) Other fee provisions related to review of plans.
DHS 134.815(2)(e)1.1. Fee for miscellaneous plans. Miscellaneous plans are plans that have no building or heating, ventilation or 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 134.815(2)(e)1.a. a. Footing and foundation plans submitted prior to the submission of the building plans;
DHS 134.815(2)(e)1.b. b. Plans for industrial exhaust systems for dust, fumes, vapors and gases, for government-owned buildings only;
DHS 134.815(2)(e)1.c. c. Spray booth plans, for government-owned buildings only;
DHS 134.815(2)(e)1.d. d. Stadium, grandstand and bleacher plans, and interior bleacher plans submitted as independent projects;
DHS 134.815(2)(e)1.e. e. Structural plans submitted as independent projects, such as docks, piers, antennae, outdoor movie screens and observation towers; and
DHS 134.815(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 134.815(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 134.815(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 134.815(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 [is requested] beyond the time limit specified in this chapter shall be $75 per plan.
DHS 134.815 Note Note: Missing text is shown in brackets.
DHS 134.815(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 134.815(2)(e)6. 6. Handling and copying fees.
DHS 134.815(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 134.815(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 134.815(3) (3)Handling and copying fees.
DHS 134.815(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 134.815(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 134.815 History History: Emerg. cr. eff. 1-1-94; cr. Register, August, 1994, No. 464, eff. 9-1-94; emerg. r. and recr. eff. 7-1-96; r. and recr. (2), Register, December, 1996, No. 492, eff. 1-1-97; CR 03-033: am. (1) and (2) (a) Register December 2003 No. 576, eff. 1-1-04.
DHS 134.82 DHS 134.82Life safety code.
DHS 134.82(1)(1)Applicability. Facilities shall meet the applicable provisions of the 2012 edition of the Life Safety Code.
DHS 134.82 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, Batterymarch Park, Quincy, MA 02169.
DHS 134.82(2) (2)Fire safety equivalency determination. An existing facility that does not meet all the requirements of the applicable Life Safety Code may be considered in compliance with it if it achieves a passing score on the Fire Safety Evaluation System (FSES), developed by the U.S. Department of Commerce, National Bureau of Standards, to establish safety equivalencies under the Life Safety Code.
DHS 134.82(3) (3)Resident safety.
DHS 134.82(3)(a) (a) Plan for emergencies.
DHS 134.82(3)(a)1.1. Each facility shall have a written plan to be followed in case of fire, a tornado warning, a missing resident or other emergency which shall specify persons to be notified, locations of alarm signaling devices and fire extinguishers, evacuation routes, a procedure for evacuating helpless residents, the frequency of fire drills and assignment of specific tasks and responsibilities to the staff on each shift and personnel from each discipline.
DHS 134.82(3)(a)2. 2. The plan shall be developed with the assistance of qualified fire and safety experts, including the local fire protection authority.
DHS 134.82(3)(a)3. 3. All employees shall be oriented to the plan and trained to perform assigned tasks, and shall be familiar with the use of the facility's fire protection features.
DHS 134.82(3)(a)4. 4. The plan and evacuation procedures shall be posted at suitable visible locations in the corridors throughout the facility and shall include a diagram of the immediate floor area showing the exits, location of fire alarms, evacuation routes and locations of fire extinguishers.
DHS 134.82(3)(a)5. 5. The facility administrator shall clearly communicate the plan and evacuation procedure to staff and shall periodically review the plan and evacuation procedures with staff.
DHS 134.82(3)(a)6. 6. The facility administrator shall periodically evaluate the effectiveness of the plan and evacuation procedures.
DHS 134.82(3)(b) (b) Evacuation drills.
DHS 134.82(3)(b)1.1. The facility shall hold evacuation drills at least quarterly on each shift and under varied conditions. The facility shall actually evacuate residents to a safe area during one drill a year on each shift.
DHS 134.82(3)(b)2. 2. The facility shall make special provisions for evacuating physically handicapped persons during drills.
DHS 134.82(3)(b)3. 3. Facility staff shall write a report and evaluation of each evacuation drill and shall keep a copy of the report on file.
DHS 134.82(3)(b)4. 4. The facility administrator shall investigate all problems with evacuation drills, including accidents, and take corrective action to prevent similar problems in the future.
DHS 134.82(3)(c) (c) Fire inspections. The administrator of the facility shall arrange for fire protection as follows:
DHS 134.82(3)(c)1. 1. At least semi-annual inspection of the facility shall be made by the local fire authority. Signed certificates of these inspections shall be kept on file in the facility;
DHS 134.82(3)(c)2. 2. Certification in writing shall be obtained from the local fire authority for the adequacy of the facility's written fire plan, including procedures for orderly evacuation of residents, as well as the fire safety of the facility. A copy of the certification shall be kept on file within the facility; and
DHS 134.82(3)(c)3. 3. If the facility is located in a city, village or township that does not have an officially established fire department, a continuing contract for fire protection service with the nearest municipality providing the service shall be obtained. The contract or a copy of it shall be kept on file in the facility.
DHS 134.82(3)(d) (d) Fire equipment.
DHS 134.82(3)(d)1.1. All fire equipment shall be maintained in readily usable condition and inspected annually. A fire extinguisher suitable for grease fires shall be provided in or adjacent to the kitchen. Each extinguisher shall be provided with a tag on which the date of the last inspection is indicated.
DHS 134.82(3)(d)2. 2. Extinguishers shall be mounted on walls or posts where they are clearly visible and at a height that is convenient for staff and residents. No extinguisher may be tied down, locked in a cabinet, placed in a closet or placed on the floor.
DHS 134.82(3)(e) (e) Fire report. All incidents of fire in a facility shall be reported in writing to the department's division of quality assurance within 72 hours.
DHS 134.82 Note Note: The address of the Division of Quality Assurance is P.O. Box 2969, 1 W. Wilson St., Madison, WI, 53701-2969 (phone 608-266-8481).
DHS 134.82(3)(f) (f) Smoking. Facilities shall have and enforce a policy and rules to ensure that smoking materials are used safely. The policy and rules shall include the designation of areas in which smoking is permitted, as required under s. 101.123 (4), Stats.
DHS 134.82 Note Note: Section 101.123 (4), Stats., is repealed effective July 5, 2010.
DHS 134.82(3)(g) (g) Prevention of ignition. Open-flame lights are not permitted, except as provided by law. Heat-producing devices and piping shall be designed or enclosed to prevent the ignition of clothing and furnishings.
DHS 134.82(3)(h) (h) Floor coverings. All floor coverings and edging shall be securely fastened to the floor or constructed so that they are slip-resistant and free of hazards such as curled or broken edges. If the facility serves residents who crawl, a resilient non-abrasive and slip-resistant surface, or non-abrasive carpeting, shall be provided. Scatter rugs not meeting the above criteria are prohibited.
DHS 134.82(3)(i) (i) Roads and sidewalks. Walkways and roads leading into and out of the facility shall be kept passable and open at all times of the year. Walkways, drives, fire escapes and other means used for exiting to a public way shall be kept free of ice, snow and other obstructions.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.