Chapter DHS 83

DHS 83.48(6)(a) (a) Kitchen.

DHS 83.48(6)(b) (b) Attached garage.

DHS 83.48(6)(c) (c) All enclosed compartments of the attic.

DHS 83.48(6)(d) (d) Furnace room.

DHS 83.48(6)(e) (e) Laundry room.

DHS 83.48(7) (7) Special equipment for persons with impaired hearing or vision.

DHS 83.48(7)(a) (a) Notification. If any resident with impaired hearing or vision is unable to detect or respond to a fire emergency, the licensee shall ensure the appropriate audio, visual or vibrating notification alarms are installed in the resident’s bedroom, in or near a living room in an apartment, and in each common area used by the resident.

DHS 83.48(7)(b) (b) Documentation. The sensory impairment of the resident shall be noted in the resident’s record and communicated to all employees within 3 days after admission or after determination of the impairment is made.

DHS 83.48(8) (8) Sprinkler systems.

DHS 83.48(8)(a) (a) Types. A CBRF shall have a sprinkler system if required under s. DHS 83.47 (1) (b) or 83.50. The types of sprinkler systems to be used are as follows:

DHS 83.48(8)(a)1. 1. A complete NFPA 13D residential sprinkler system shall be used in a CBRF licensed for 16 or fewer residents only when each room or compartment in the CBRF requires no more than 2 sprinkler heads. When an NFPA 13D sprinkler system is used it shall have a 30-minute water supply for at least 2 sprinkler heads. Entrance foyers shall have sprinklers. The department may determine an NFPA 13R residential sprinkler system shall be installed in a CBRF with one or more rooms or compartments having an unusually high ceiling, a vaulted ceiling, a ceiling with exposed beams or other design or construction features that inhibit proper water discharge when the square footage of each room or compartment in the CBRF would ordinarily allow an NFPA 13D sprinkler system.

DHS 83.48(8)(a)2. 2. A complete NFPA 13R residential sprinkler system shall be used in a CBRF licensed for 16 or fewer residents when one or more rooms or compartments in the CBRF require more than 2 sprinkler heads and not more than 4 sprinkler heads. A fire department connection is not required for an NFPA 13R sprinkler system.

DHS 83.48(8)(a)3. 3. A complete NFPA 13 automatic sprinkler system shall be used in a CBRF licensed for more than 16 residents.

DHS 83.48(8)(a)4. 4. All sprinkler systems under subds. 1. to 3. installed after January 1, 1997, shall be equipped with residential sprinkler heads in all bedrooms, apartments, all other habitable rooms and corridors.

DHS 83.48(8)(a)5. 5. All large facilities initially licensed on or after January 1, 1997, shall be protected by a complete automatic sprinkler system, except a class AA CBRF that has an equivalent safety system approved by the department.

DHS 83.48(8)(a)6. 6. All large facilities initially licensed before January 1, 1997, of non-fire resistive construction shall be protected by a complete automatic sprinkler system, except a class AA CBRF that has an equivalent safety system approved by the department.

DHS 83.48(8)(b) (b) Installation and maintenance.

DHS 83.48(8)(b)1. 1. All sprinkler systems shall be installed by a state licensed sprinkler contractor. All sprinkler systems shall be maintained, inspected and tested at least annually or at intervals determined by the requirements in NFPA 25.

DHS 83.48(8)(b)2. 2. In facilities with sprinklers, sprinkler heads shall be placed at the top of each linen or trash chute and in the rooms where the chutes terminates.

DHS 83.48(8)(b)3. 3. The sprinkler system flow alarm shall be connected to the CBRF’s fire alarm system.

DHS 83.48(8)(c) (c) Reliable water supply. All sprinkler systems shall have a reliable water supply. If the sprinkler system requires a mechanical device such as a compressor, pump or motor, the device shall be supplied by a reliable source of emergency power in accordance with NFPA 20.

DHS 83.48 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.49 DHS 83.49 Alternative requirements to a sprinkler system in a small class C CBRF.

DHS 83.49(1) (1) 5-year delay. Existing small class CA, small class CS and small class CNA CBRFs using the exemption under sub. (2) shall have a complete sprinkler system as required under s. DHS 83.48 (8) within 5 years of April 1, 2009.

DHS 83.49(2) (2) General requirements. Small class CA, small class CS and small class CNA facilities constructed and licensed before April 1, 2009, are exempt from the sprinkler system requirement under s. DHS 83.48 (8) if all of the following requirements are met:

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.

DHS 83.51(3) (3) Doors in the area of refuge shall be tight-fitting and smoke and draft control assemblies having a fire-protection rating of at least 45 minutes and shall be self-closing or automatic closing.

DHS 83.51(3)(a) (a) A room to be used as an area of refuge shall have an exit door directly to an exit enclosure such as a stairwell or fire escape that leads directly outside.

DHS 83.51(3)(b) (b) The door leading into the area of refuge from the residential area shall be unlocked at all times. The door between the area of refuge and an exit enclosure shall be equipped with hardware that unlocks and opens with one hand and one motion from the area of refuge side of the door.

DHS 83.51(4) (4) Each stairway adjacent to an area of refuge shall have a minimum clear horizontal width of 4 feet between handrails.

DHS 83.51(5) (5) Two-way communication from the area of refuge and identification of the area of refuge shall be provided.

DHS 83.51(6) (6) Each area of refuge shall have a space for each person needing the area of refuge in an emergency as follows:

DHS 83.51(6)(a) (a) At least 30 by 48 inches for each person who uses a wheelchair for mobility.

DHS 83.51(6)(b) (b) At least 30 by 36 inches for each person who uses a walker, cane or crutch for assistance in walking.

DHS 83.51(6)(c) (c) At least 30 by 24 inches for each person who does not use any assistive device for mobility or walking.

DHS 83.51(7) (7) The measurements under sub. (6) shall be determined after deducting the space covered by the door swing if the swing is into the area of refuge and the space needed for a passageway through the area of refuge is at least 32 inches in width.

DHS 83.51(8) (8) The number of residents not able to negotiate stairs who are housed on each floor level required to have an area of refuge shall be limited to the number of spaces provided in the area of refuge on that floor.

DHS 83.51(9) (9) A CBRF with an area of refuge shall notify the local fire department of the emergency evacuation plan, including the use and location of each area of refuge, and the potential number of residents and employees who would use each area of refuge.

DHS 83.51 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

subch. X of ch. DHS 83 Subchapter X — Building Design

DHS 83.52 DHS 83.52 Common dining and living space.

DHS 83.52(1) (1) Space per resident.

DHS 83.52(1)(a) (a) The minimum common dining and living space shall be 60 square feet per ambulatory or semi-ambulatory resident or other occupant, and 90 square feet per non-ambulatory resident or other occupant.

DHS 83.52(1)(b) (b) For each resident apartment, the CBRF may apply 25% of the total floor space of the habitable rooms in the apartment, not including bedroom or bathroom floor space, toward the required congregate dining and living area requirement under par. (a), but may not exceed 30 square feet per resident.

DHS 83.52(1)(c) (c) Egress paths through common-use areas may not be counted in the common space calculation.

DHS 83.52(1)(d) (d) Common dining space shall be large enough to accommodate all residents in no more than 2 shifts.

DHS 83.52(2) (2) Access. Common dining and living space shall be internally accessible to all residents.

DHS 83.52(3) (3) Recreational space. The CBRF shall designate adequate space and equipment to meet the needs of the residents for social and recreational activities.

DHS 83.52(4) (4) Ceiling height. All common-use rooms shall have a ceiling height of at least 7 feet.

DHS 83.52 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.53 DHS 83.53 Storage areas. The CBRF shall have adequate storage space for resident care supplies and equipment.

DHS 83.53 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.54 DHS 83.54 Resident bedrooms.

DHS 83.54(1) (1) Design.

DHS 83.54(1)(a) (a) Bedrooms shall be designed and equipped to allow residents to achieve the highest level of independent functioning and shall be fully accessible to the resident.

DHS 83.54(1)(b) (b) Floor to ceiling walls with rigid construction swing-type doors that are of the side-hinged or pivoted swinging shall enclose resident bedrooms.

DHS 83.54(1)(c) (c) Bedrooms shall open directly into a corridor, the resident’s private living area or common living space.

DHS 83.54(1)(d) (d) Each resident shall have or be provided within the bedroom, a closet or wardrobe with clothes hanging rods and shelves, and drawer space adequate to reasonably meet the needs of the resident. The bedroom shall have adequate accessible space for a resident’s wheelchair or other adaptive or prosthetic equipment.

DHS 83.54(1)(e) (e) Each resident bedroom shall have a ceiling height of at least 7 feet.

DHS 83.54(2) (2) Location. Resident bedrooms shall be located near toilet and bathing facilities and shall provide internal access to congregate dining and living areas.

DHS 83.54(3) (3) Capacity.