WALA NOTE: Comments to WALA June 1, 2000 as all compiled comments must be back to BQA by June 6. Summary of these comments will be in the June newsletter. SUBCHAPTER VI - PHYSICAL ENVIRONMENT AND SAFETY HFS 83.41 Physical environment. This subchapter is intended to ensure that all facilities provide a living environment for their residents that is safe, clean, comfortable and homelike. (1) CONGREGATE [DHFS1]DINING AND LIVING AREA. (a) Arrangement. A facility shall be so arranged and furnished that the residents may spend the majority of non-sleeping hours outside of their bedrooms or apartments. (b) Space per resident. 1. The minimum congregate dining and living area in the facility shall be 60 square feet per resident, other occupant, or 90 square feet per resident or other occupant if any resident, or other occupant is non-ambulatory, but able to move from place to place, or if the resident requires assistance from staff with eating. 2. For each resident living quarters that is an apartment with a separate bedroom that meets the requirements under sub. (2) and has other habitable rooms, 25% of the total floor space of the habitable rooms in the apartment, not including bedroom or bathroom floor space, may be applied toward the required congregate dining and living area requirement in subpar. (b) 1., but not to exceed 30 square feet per resident. 3. Dining facilities shall be of sufficient size to allow all residents to eat together in no more than two shifts. (c) Access. All required dining and living areas within the facility shall be internally accessible to every resident of the facility. (d) Furniture and furnishings. All congregate rooms shall contain furnishings and furniture appropriate to the intended use of the room. (e) Other uses. Adequate space and equipment shall be designated to meet the needs of the residents for social and recreational activities. (f) Ceiling height. All congregate rooms shall have an average ceiling height of at least 6'8" feet. (2) RESIDENT BEDROOMS. (a) Design and location. 1. Resident bedrooms shall be designed and equipped for the comfort and privacy of residents and shall be equipped with or conveniently located near toilet, washing and bathing facilities. A resident bedroom shall only be used to provide sleeping and living space for the residents and shall be internally accessible to congregate dining and living areas. 2. Resident bedrooms shall be enclosed by continuous full-height walls, or partitions with rigid construction swing-type doors that are of the side-hinged or pivoted swinging type. 3. Means of egress to a required exit or a route to gain access to any other part of the facility shall not be through an intervening bedroom, including a bedroom of a resident, licensee, administrator, employe, or other occupant of the facility. 4. Each resident bedroom shall have an average ceiling height of at least 6'8" feet. 5. In large facilities, all resident rooms shall be numbered on or near the door. (b) Capacity. 1. Except as provided in subd. 2, a resident bedroom in a building constructed and licensed prior to 1/1/79 shall accommodate no more than 3 persons. 2. A resident bedroom in a building constructed and licensed on or after January 1, 1979 shall accommodate no more than 2 persons. 3. Persons of the opposite sex shall not be required to occupy the same sleeping room. (c) Size. 1. A resident bedroom shall have at least the number of square feet indicated in Table 83.41. Table 83.41 MINIMUM AREA PER RESIDENT IN A BEDROOM, IN SQUARE FEET Class of Existing Building New Construction Licensure Single Occupancy Multiple Occupancy Single Occupancy Multiple Occupancy AA & CA (Ambulatory) 80 60 100 80 AS & CS (Semiambulatory) 100 80 100 80 ANA & CNA (Nonambulatory) 100 80 100 80 2. A bedroom occupied by residents who require different classes of licensure shall meet the highest applicable square footage requirement in Table 83.41 for all residents in the bedroom. (d) Additional requirements for basement and ground floor bedrooms. When any bedroom is located in the basement as defined under s. Comm 51.01(10) or on the ground floor as defined under s. Comm 51.01(67), each floor level shall have at least two means of exiting that provide unobstructed egress to the outside at street or grade level. The exits shall not be windows in the basement and ground floor bedrooms. Note #1: Section Comm 51.01(10) BASEMENT. A basement floor is that level below the first or ground floor level with its entire floor below exit discharge grade. Note #2: Section Comm 51.01(67) GROUND FLOOR. A ground floor is that level of a building on a sloping or multilevel site which has its floor line at or no more than 3 feet above exit discharge grade for at least one-half of the required exit discharges. (e) Bed arrangements. 1. Beds shall be located either the minimum distance from heat producing sources recommended by the manufacturer or 18 inches, whichever is greater. Beds may be closer than 18" to a forced air register, but may not block it. When a bed is less than 18" from a forced air register there shall be a deflector on the register that directs the heat to the floor. 2. There shall be least 3 feet between beds. (f) Semiambulatory and nonambulatory residents. Semiambulatory and nonambulatory residents shall have adequate accessible space for storage of a resident's wheelchair or other adaptive or prosthetic equipment. Bedrooms shall meet the requirements for a barrier-free environment as specified under HFS 83.45. (3) BEDROOM FURNITURE AND LINENS[DHFS2] (a) Personal furnishings. Each resident shall have the opportunity to use his or her own bedroom furnishings. (b) Facility provided furnishings[DHFS3]. Each resident who does not choose to use his or her own bedroom furnishings shall be provided all of the following: 1. A separate bed of proper size and height for the convenience of the resident. Beds shall be at least 36 inches wide of sturdy construction and provided with a clean suitable mattress, pillow and necessary coverings for each patient. 2. Drawer space shall be available in the bedroom for clothing, toilet articles, and other personal belongings of the patients. 3. A closet or wardrobe shall be available in the bedroom. Clothes racks and shelves shall be provided in the closet or wardrobe. A closet or wardrobe shall be an enclosed space at least 24 inches wide by 18 inches deep by 5 feet in height for each resident. 4. A clean pillow. 5. A mattress pad. When a moisture-proof mattress cover is used, there shall be a washable mattress pad the same size as the mattress over the moisture-proof mattress cover. 6. Mattress and pillow covers as necessary to keep mattresses and pillows clean and dry. 7. Two blankets, 2 sheets and a pillowcase. 8. A washcloth, hand towel and bath towel. (4) LAUNDRY. (a) Appliance ratios. Laundry appliances shall be readily available to residents who are responsible for doing their own laundry. At least one washer and one dryer shall be available to every 20 residents. (b) Clean linen availability. Clean sheets, pillowcases, towels and washcloths shall be available at least weekly and shall be changed as necessary to assure cleanliness and freedom from odors. (c) Linen storage. There shall be separate clean linen and dirty linen storage areas or containers. Storage containers shall be clean, leakproof and have a tight fitting lid. Transporting, washing or rinsing soiled linens shall not be done in areas used for food preparation, serving and food storage. (d) Fire protection from dryer. Any residential clothes dryer having a rated capacity of more than 37,000 Btu/hour shall be enclosed in a one-hour fire resistive rated enclosure as specified under s. Comm 51.043. Dryer vent tubing shall be metal constructed and kept clean and maintained. (e) Laundry for large facilities[DHFS4]. In a large facility, a laundry room shall be provided unless commercial laundry facilities are used. All soiled linen shall be placed in nonabsorbent closed containers. Where commercial laundries are used, a separate room for sorting, processing and storing clean and soiled linen shall be provided. (5) HEATING AND VENTILATING. Heating and ventilating equipment shall be provided and installed as specified by the department of commerce. (a) Heating. 1. A facility shall be capable of maintaining comfortable and safe temperatures. Tempered air shall be provided at all times to eliminate cold air drafts. The heating system shall be capable of maintaining a temperature of 74°F. The temperature in habitable rooms shall not be permitted to fall below 70°F during periods of occupancy. A higher or lower temperature may be provided, if possible, if requested by a resident. Any new construction built after the effective date of this rule shall not exceed 81°F air temperature. A level of humidity that is comfortable for the residents shall be maintained in the facility during the heating season. 2.The heating system shall be maintained in a safe and properly functioning condition. All of the following maintenance shall be done by a heating contractor or local utility company and written documentation of the maintenance performed shall be available at the facility: a. An oil furnace shall be serviced at least once each year. b. A gas furnace shall be serviced at least once every 3 years. c. The chimney shall be inspected at intervals corresponding with the heating system service in subd. 2 to ensure that it is free of any obstruction and that it is in good repair. 3. The use of portable space heaters is prohibited except electric heaters that have an automatic thermostatic control and are physically attached to a wall. Oil-fired, kerosene, gas and alcohol space heaters are prohibited. 4. The use of any other fuel-fired heater is prohibited unless it is properly vented to the outside. 5. Any wood burning stove or fireplace in a facility shall have a flue separate from the one used by a gas or oil fired furnace or boiler. The entire installation shall meet the requirements in NFPA standard 211. The flue shall be cleaned as often as necessary, but not less than 2 times during each heating season, except that when a wood burning stove or fireplace is used for no more than 4 days each month of the heating season, the flu shall be cleaned at least once during each heating season. Written documentation of the maintenance performed shall be available at the facility. 6. No combustible materials of any kind may be placed within 3 feet of any furnace, boiler, water heater, fireplace or other like equipment. 7. Any other open flame combustible fuel burning device shall be enclosed with a one hour fire rated assembly when sharing a common floor with a resident room. (b) Ventilation. 1. Kitchens or cooking areas shall be provided with at least one openable outside window or an exhaust fan vented to the outside if required by state building code. 2.Bath and toilet rooms shall have at least one openable outside window of at least 2 square feet of openable area or mechanical or gravity exhaust vented to the outside or an approved or listed ductless exhaust fan. 3. Transom, transfer grills and louvers shall not be used in bedroom walls or doors opening directly to an egress corridor. 4. In large facilities, continuous ventilation shall be required at a minimum rate of two air changes per hour in the resident area corridors, and food preparation and storage, lounge, dining, therapy and recreation areas. Continuous ventilation is not required in a refrigerated storage room. Corridors shall be under positive pressure and shall not be used as air handling plenums. (6) BATH AND TOILET FACILITIES. (a) Bath and toilet rooms. 1. Each small facility shall have at least one bathroom and one toilet room or one combination bath and toilet room for the use of residents and the public that is accessible from public, non-sleeping areas. 2. Each medium facility [DHFS5]shall have at least 2 separate bathrooms and toilet rooms or 2 combination bath and toilet rooms for the use of residents and the public that are accessible from public non-sleeping rooms. 3. Each large facility shall provide separate bath and toilet facilities for male and female residents unless used by a married couple. The minimum ratios shall be as one bath, one toilet and one sink for every eight female residents and one bath, one toilet, and one sink for every eight male residents. 4. Bath and toilet rooms shall be provided with at least one electrical fixture to provide artificial light and one electrical duplex outlet receptacle. 5. Toilets, bathtubs and showers used by residents shall provide for individual privacy unless staff assistance is indicated by resident needs. Door locks shall be provided to ensure privacy, except where the toilet, bath or shower room is accessible only from a resident room which is occupied by only one person or by a married couple or by persons who are all related by blood. All door locks shall be operable from both sides in an emergency. 6. All bathing facilities shall be accessible without staff assistance, like a shower or tub capable of becoming equipped with transfer seat. The showerhead shall be a movable type with an adjustable height mounting bar. 7. All toilet and bathing areas, facilities and fixtures shall be kept clean and in good working order. 8. All toilet and bathing areas shall have full height walls. 9. a. In a class AA or CA facility, toilet and bathing areas for residents shall be distributed so the maximum vertical travel distance from resident living, dining and sleeping rooms is no more than one floor level. b. Toilet and bathing areas for residents shall be available on each floor in Class AS, ANA, CS and CNA facilities. (b) Number of fixtures. 1. The facility shall provide in the ratio of at least one toilet, one sink, and one bath or shower for every 10 residents and other occupants or fraction thereof. 2. Whenever fixtures are accessible only through a sleeping room, they may only be counted as meeting the requirement for the occupants of that sleeping room. (c) Water supply. 1. Each sink, bathtub and shower shall be connected to hot and cold water and adequate hot water shall be supplied to meet the needs of the residents. 2. The temperature of all domestic water heaters connected to sinks, showers and tubs used by residents shall be set at a temperature of at least 125°F. The temperature setting of other water heaters such as those connected to dishwashers and clothes washing machines may exceed these temperatures. The temperature of water at fixtures used by residents shall be automatically regulated by valves and may not exceed 115°F. Regulated valves shall automatically reduce flow to 0.25 gpm or less when the tempered water supply to the fitting outlet exceeds 115ºF. Note: The minimum temperature of water in water heaters must be 125ºF to prevent the growth of Legionella Bacteria which cause Legionnaire's disease. The maximum temperature of water at taps or fixtures in showers and tubs used by most client groups in facilities cannot exceed 115ºF to prevent full-thickness scalding of adult skin. Full-thickness scalding causes second and third degree burns in which the skin blisters and swells and does not return to normal but forms scar tissue on healing. The duration of exposure to cause full-thickness scalding of adult skin is 1 second at 150ºF, 6 seconds at 140ºF, 30 seconds at 130ºF, 1 minute at 127ºF, approximately 2 minutes at 125ºF, 10 minutes at 120ºF. 3. The fixtures at sinks accessible to residents shall be the single nozzle, lever-handled mixing type fixtures or the single nozzle, 2 handled mixing type fixtures which are easy to control by all residents having access to them. 4. Whenever a public water supply is available, it shall be used to provide potable water. Whenever a public water supply is not available, the well shall be approved by the state department of natural resources. Water samples from an approved well shall be tested at the state laboratory of hygiene or other laboratory approved under ch. HFS 165 at least annually. (7) SEWAGE DISPOSAL. All sewage shall be discharged into a municipal sewer system or shall be collected, treated and disposed of by an independent sewer system approved under ch. NR 110. (8) SEPTIC SYSTEMS. A septic system shall meet the requirements in s. Comm 83.055. (9) PLUMBING. The plumbing for potable water drainage for the disposal of wastes shall comply with applicable state plumbing standards. (10) CLEANLINESS OF ROOMS. All habitable rooms shall be kept clean and free from odors. (11) MAINTENANCE. (a) Building integrity. The building shall be maintained in good repair and free of hazards such as cracks in floors, walls or ceilings, warped or loose boards, warped, broken, loose or cracked floor covering such as tile or linoleum, loose handrails or railings, loose or broken window panes and any similar hazard. (b) Systems. All electrical, mechanical, water supply, fire protection and sewage disposal systems shall be maintained in a safe and functioning condition. (c) Plumbing. All plumbing fixtures shall be in good repair, properly functioning and satisfactorily protected to prevent contamination from entering the water supply. (d) Furniture and Furnishings. All furniture and furnishings shall be clean, safe, maintained in good repair and appropriate to the intended use of the room. (e) Storage areas. Storage areas shall be maintained in a safe, dry and orderly condition. Attics and basements shall be free of accumulations of garbage, refuse, soiled laundry, discarded furniture, old newspapers, boxes, discarded equipment and similar combustible items. (f) Outside. The yard, sidewalks and driveways of the facility shall be maintained in a orderly and safe condition. (12) DAY CARE. If there is a day care program for adults or children in the same building as a CBRF, the facilities shall be separated. Entrance and exit doors to the outside for each facility shall be separate. Socialization between facilities shall not interfere with the privacy of other residents or infringe upon the use of habitable floor space of facility residents. (13) BUILDINGS WITH JOINT OCCUPANCIES. (a) Physical separation. 1. A CBRF and another residential occupancy in the same building may be intermixed or separated into distinct living areas, except that a CBRF shall be a distinct living area if in the same building as a nursing home, residential care apartment complex or hospital. 2. Residents of the CBRF shall not be required to first enter or pass through the non-CBRF portion of the facility in order to enter the CBRF. Similarly, people shall not be required to pass through the CBRF to enter the non-CBRF portion of the facility. A CBRF may share a common lobby and access area of a multipurpose building and may be entered via elevator from the lobby or access area. (b) Congregate areas. If the occupants are intermixed and the total building is available to CBRF residents and other occupants, the congregate dining and living area shall be determined by the total capacity of the building. A dining room or activity area may be shared, provided it is not scheduled for concurrent use by residents of the CBRF and non-CBRF portion of the facility. If the occupants are not intermixed, the facility shall provide congregate living and dining as described in HFS 83.41(1) for the exclusive use of the CBRF residents. Minimum congregate dining and living area shall be determined by licensure capacity of the CBRF. (c) Fire separation. 1. A CBRF in the same building as a nursing home or hospital shall be separated by 2-hour fire-rated construction. 2. In buildings with joint occupancies where the CBRF is separate from the non-CBRF portion by a 2-hour fire rated construction, compliance with s. 83.42 and s. 83.43 is not required for the non-CBRF portion unless required by s. Comm 57.01 or other state building codes. 3. A CBRF in the same building as any other occupant classification shall be separated by at least one-hour fire-rated construction. If there is one-hour fire-rated construction, the entire building shall be equipped with an interconnected detection system and sprinkler system in compliance with HFS 83.43 (1) and (3). 4. The facility administrator or designee shall be responsible for all testing and maintenance of the detection system in both living units. Testing and maintenance in the non-CBRF living unit shall follow the same schedule that applies to the CBRF. (d) Accessibility of public and common use areas. All public and common use areas of a CBRF shall be accessible to and useable by residents in wheelchairs or other mobility aids consistent with the accessibility standards contained in ch. Comm 69, Barrier-Free Design. HFS 83.42 Safety. (1) FACILITY EVACUATION TIME. The defense against fire at any time of day or night in a facility shall be established by the application of Table 83.42. The fire safety protections in Table 83.42 shall be applied in addition to the other fire safety protections and construction requirements in this chapter and Comm. Building Codes that apply to the particular facility. TABLE 83.42 EVACUATION CAPABILITIES AND ADDITIONAL FIRE SAFETY PROTECTIONS1 Evacuation Time of 2 minutes or less2 Evacuation Time of more than 2 and up to 4 minutes2 Evacuation Time of 4 minutes or more6 Additional Fire Safety Protections: - No additional fire safety protections beyond those required in this chapter. Additional Fire Safety Protections: - Externally monitored,3 complete smoke detection system4 with backup battery power supply.5 - Vertical smoke separation between all floors. - Rated stair enclosure under Comm Table 51.03 Additional Fire Safety Protections: - Sprinkler under s. HFS 83.43(7) - Vertical smoke separation between all floors. - 24 hour awake staff Response: 1. Evacuate or 2. Use of horizontal evacuation or 3. ARA . ARA shall not be required on occupied floors where smoke compartments are provided. Response: 1. Evacuate or 2. Horizontal Evacuation or 3. ARA . ARA shall not be required on occupied floors where smoke compartments are provided. Response: Evacuate those residents able to be safely evacuated. Use an area of rescue assistance6 only for those residents who are unable to safely evacuate. ARA shall not be required on occupied floors where smoke compartments are provided. 1 "Horizontal evacuation" to a safe part of the building may be used when the building has the department's approval under s. HFS 83.53(1)(b) to use horizontal exit or smoke compartment created by smoke barriers under s. HFS 83.43 (6). 2 See s. HFS 83.42(3) which describes planning for the evacuation of residents or other department approved response to an emergency. 3 The external monitoring of a smoke detection system shall meet the requirements under s. HFS 83.44(1)(e). 4 "Complete smoke detection system" includes a smoke detector in each sleeping room which is interconnected with the rest of the smoke detection system in addition to smoke and heat detectors in the locations specified under s. HFS 83.43(4) and (5), and special equipment for persons with sensory impairments under s. HFS 83.43(6). 5 A standard smoke detection system as required under s. HFS 83.43(1) to (4), which is not externally monitored is acceptable if the facility is sprinklered under s. HFS 83.43(5). 6. See s. 83.52 (3) that describes the construction requirements for an "area of rescue assistance," and its use in a fire emergency. (2) EVALUATION OF RESIDENT EVACUATION LIMITATIONS. (a) Each resident shall be evaluated within 3 days of admission to determine whether he or she is able to evacuate the facility without any help or verbal or physical prompting within 2 minutes in an unsprinklered facility and 4 minutes in a sprinklered facility, and what type of limitations that resident may have which prevents him or her from evacuating the facility within the applicable period of time. A form provided by the department shall be used for the evaluation. A resident's evaluation shall be retained in the resident's record. (b) Each resident shall be evaluated annually. All staff who work on the premises shall be made aware of each resident having an evacuation time of more than 2 minutes and the type of assistance that the resident needs to be evacuated. (3) EMERGENCY PLAN. (a) Each facility shall have a written plan for dealing with emergencies. The plan shall specify the responsibilities of staff. The plan shall cover all of the following: 1. Procedures for orderly evacuation or other department-approved response during a fire emergency. 2. Response to serious illness or accidents. 3. Preparation for and response to severe weather including tornado and flooding. 4. A route to dry land. 5. Location of an emergency shelter for the residents. 6. A means of transporting residents to the emergency shelter. 7. How meals and medications will be provided to residents at the emergency shelter. (b) The emergency plan shall be posted in a conspicuous place readily available to residents and staff. (c) The emergency plan shall have an exit diagram that shall be posted on each floor of the facility used by residents in a conspicuous place where it will be seen by the residents. The diagram shall identify the exit routes from the floor, including internal horizontal exits under s. HFS 83.53(1)(b) when applicable, smoke compartments or a designated meeting place outside and away from the building when evacuation to the outside is the planned response to a fire alarm. (d) The procedures to be followed to ensure resident safety in the event of a fire, tornado, flooding or other emergency shall be clearly communicated by the staff to a new resident within 72 hours after admission. A fire evacuation drill shall be practiced at least quarterly with both staff and residents, with written documentation of the date and evacuation time for each drill maintained by the facility. (e) At least one fire evacuation drill annually shall be held which simulates the conditions during usual sleeping hours. (f) Evacuation procedures involving fire department personnel shall be practiced at the option of the fire department. The fire department shall be made aware of the areas of rescue assistance (ARA), if any, and the number of residents who potentially would use the ARA. (4) EMERGENCY PLANNING FOR CERTAIN RESIDENTS. (a) The emergency plan shall take into consideration any resident who has refused to follow or has otherwise not followed prescribed evacuation procedures in a timely manner either in practice or in response to an emergency, and shall set out alternative procedures for that resident. Staff shall be informed within 24 hours of any resident for whom alternate emergency planning has been done and what the emergency procedures are for that resident. (5) FIRE INSPECTION. (a) The facility shall arrange for all of the following: 1. An annual inspection by the local fire authority or certified fire inspector. 2. The facility shall retain the fire inspection report for review by the department on request. (6) SMOKING. (a) A written policy on smoking shall be developed by the licensee of a facility. The policy shall designate areas where smoking is permitted, if any, and shall be clearly communicated to a new resident prior to admission. (b) Designated smoking areas shall be well-ventilated or have an alternate means of eliminating smoke. Note: The Clean Indoor Air Act, s. 101.123, Stats., applies to facilities. (7) FIRE EXTINGUISHER[DHFS6]. (a) At least one portable dry chemical fire extinguisher with a minimum 2A, 10-B-C rating shall be provided on each floor of the facility. Fire extinguishers on upper floors shall be located at the head of each stairway. In addition, extinguishers shall be located so the maximum area per extinguisher of 3,000 square feet is not exceeded and travel distance to an extinguisher does not exceed 75 feet. The extinguisher on the kitchen floor level shall be mounted in or near the kitchen. (b) All fire extinguishers shall be maintained in readily usable condition. Inspections of the fire extinguisher shall be done by a qualified professional one year after the initial purchase of a fire extinguisher and annually thereafter. Each fire extinguisher shall be provided with a tag for the date of inspection. (c) A fire extinguisher shall be mounted on a wall or a post where it is clearly visible, the route to it is unobstructed and the top is not over 5 feet high. The extinguisher shall not be tied down, locked in a cabinet or placed in a closet or on the floor except that it may be placed in a clearly marked, unlocked wall cabinet used exclusively for that purpose. (8) KEYS TO DOORS. The employe in charge of a facility on each work shift shall have a key or other means of opening all locks or closing devices on all doors in the facility including access to resident records. (9) TOXIC SUBSTANCES. Cleaning compounds, soaps, polishes insecticides and toxic substances shall be labeled and stored in a secure area separate from food service areas. HFS 83.43 Fire protection system. (1) INTERCONNECTED DETECTION SYSTEM. Except as provided in sub. (2), each facility shall have an interconnected detection system to protect the entire facility so that if any detector is activated, an alarm audible throughout the building will be triggered. (2) [DHFS7]RADIO-TRANSMITTING DETECTION SYSTEM. A facility with a licensed capacity of 8 or fewer persons may use an approved and listed radio-transmitting detection system that triggers an alarm audible throughout the building. (3) SMOKE [DHFS8]DETECTION SYSTEM AND HEAT DETECTORS. (a) Installation and testing of the detection systems. Smoke and heat detectors shall be installed and maintained in accordance with NFPA 72 National Fire Alarm Code and the manufacturer's recommendation. Facilities shall maintain a written record of tests and maintenance of the detection system. (b) Testing by service companies. 1. After the first year following installation, detection systems shall be inspected, cleaned and tested annually by a certified service company in accordance with the specifications in NFPA 72 and the manufacturer's specifications and procedures. 2. Within the fourth year following the date of installation, and every 2 years thereafter, the smoke and heat detectors shall be tested by a certified service company to ensure that each detector is within its listed and marked sensitivity range in accordance with the specifications in NFPA 72 and the manufacturer's specifications and procedures. 3. All smoke and heat detectors suspected of exposure to a fire condition shall be inspected, cleaned and tested within 5 days after each exposure by a certified service company in accordance with the specifications in NFPA 72 and the manufacturer's specifications and procedures. Each detector shall operate within the manufacturer's intended response or it shall be replaced within 10 days after exposure to a fire condition. (c) [DHFS9]System approval. No facility may install a smoke and heat detection system that fails to meet the approval of the department. (d) Specific locations for smoke detectors. All facilities shall have at least one smoke detector located at each of the following locations: 1. At the head of every open stairway. 2. On the hallway side of every enclosed stairway on each floor level. 3. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall or in accordance with the manufacturer's separation specifications. 4. In each common use room, including a living room, dining room, family room, lounge and recreation room, but not including a kitchen, bathroom or laundry room. 5. In each bedroom. 6.In all non-resident living areas except the furnace, bathroom, kitchen and laundry room. 7. Additional smoke detectors shall be required where wall projections from ceiling or lintels exceed 8 inches. 8. In the basement, except a furnace or laundry room. (e) Specific locations for heat detectors. Facilities shall have at least one heat detector integrated with the smoke detection system at all of the following locations or in accordance with the heat detector manufacturer's specifications: 1. Kitchen 2. Attached garage. 3. Attic or enclosed compartment of the attic. 4. Furnace room. 5. Laundry room. (f) Heat detector exception. Facilities are exempt from installation of heat detectors if the area of original heat detection is directly covered by one or more sprinklers and the sprinkler activation temperature is 165ºF or less. (4) SPECIAL EQUIPMENT FOR PERSONS WITH IMPAIRED HEARING OR VISION. (a) Audio and visual 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 or visual notification alarms are installed in the resident's bedroom and on each floor level used by the resident. Note: see Comm 69. (b) Documentation. The sensory impairment of the resident shall be noted in the resident's record and communicated to all staff within 5 days after admission or after determination of the impairment is made. (5) SPRINKLER SYSTEMS. (a) Types. A facility shall have a sprinkler system if indicated in Table 83.42 or 83.52 or in s. HFS 83.63. The types of sprinkler systems to be used are as follows: 1. A complete NFPA 13D residential sprinkler system shall be used in a facility licensed for 16 or fewer residents only when each room or compartment in the facility 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 be sprinklered. The department may determine an NFPA 13R residential sprinkler system shall be installed in a facility 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 facility would ordinarily allow an NFPA 13D sprinkler system. 2. A complete NFPA 13R residential sprinkler shall be used in a facility licensed for 16 or fewer residents when one or more rooms or compartments in the facility 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. 3. A complete NFPA 13 automatic sprinkler system shall be used in a facility licensed for more than 16 residents. (b) Installation and maintenance. 1. All sprinkler systems shall be installed by a state licensed sprinkler contractor and maintained according to the standards in NFPA 25. NFPA 13 and NFPA 13R sprinkler systems shall be inspected at least annually. 2. In sprinklered facilities, sprinkler heads shall be placed at the top of each linen or trash chute and in the rooms where the chute terminates. 3. All sprinkler systems under subds. 1 installed after January 1, 1997 shall be equipped with residential sprinkler heads in all habitable rooms and corridors. 4. The sprinkler system flow alarm shall be connected to the facility's fire alarm system. (c) Exemption. Small class CA, CS and CNA facilities constructed and licensed prior to the effective date of this rule that meet the alternative requirements of s. HFS 83.44 are exempt from the sprinkler requirements in sub.(5). (d) 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, such as an emergency generator maintained according to NFPA 110. Local utility service is not considered a reliable emergency source of power. (6) SMOKE COMPARTMENTS. Each floor where residents sleeping rooms are shall be divided into compartments with smoke barrier walls unless horizontal exits are provided. There shall be no more than 150 feet of exit access travel distance without a barrier against the lateral passage of smoke. Any smoke barrier shall have at least a 1/2 hour fire resistance rating and shall be continuous from outside wall to outside wall and floor to the underside of the floor or roof deck above. Opening in a smoke barrier shall be solid core wood doors as a minimum requirement. Such doors shall be self-closing or may remain open if it has an approved hold open device interconnected with the fire alarm system that will release upon activation of the fire alarm. Adequate space shall be provided on each side of the barrier for the total number of occupants on both sides. HFS 83.44 Alternative requirements to a sprinkler system in a small class C facility. [DHFS10] (1) GENERAL REQUIREMENTS. Small class CA, CS and CNA facilities constructed and licensed prior to the effective date of this rule are exempt from the sprinkler system requirement under s. HFS 83.43(5) if all of the following requirements are met: (a) No more than 4 of the residents may require a class CA, CS or CNA facility. (b) The bedroom and congregate dining and living area for any resident requiring a class CA, CS or CNA facility who is blind or not fully ambulatory shall be on the first floor. Facilities serving one or more nonambulatory residents shall have 2 primary exits accessible to grade. Split level homes may be used only for ambulatory residents who may be housed on any habitable floor level. (c) The facility shall not be located in a building which has more than 2 living units as defined under s. Comm 51.01(76b), or has more than 2 stories as defined under s. Comm 51.01(122). (d) The requirements for a smoke and heat detection system under s. HFS 83.43(1) to (5) and for special equipment for persons with impaired hearing or vision under s. HFS 83.43(6) shall apply, except that every habitable room in the facility shall have an interconnected or radio frequency smoke detector except where heat detectors are required. (e) The smoke detection system shall have a backup battery power supply and shall be 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: 1. A digital communicator linked to a listed monitoring company. 2. A digital communicator linked to the municipal or county emergency dispatch center or to the local fire department. 3. A direct phone line connecting the detection system to the municipal or county emergency dispatch center or to the local fire department. (f) There shall be smoke separation between each floor level to prevent vertical movement of smoke. (g) The emergency plan under s. HFS 83.42(3) shall specify evacuation of the residents as the response to a fire under Table 83.42. No resident may have an evacuation time, as determined under s. HFS 83.42(2), that exceeds 2 minutes. HFS 83.45 Accessibility. [DHFS11] (1) ACCESSIBILITY REQUIREMENTS. All facilities shall comply with the accessibility requirements found in Table 83.45 for residents, staff and visitors. Table 83.45 ACCESSIBILITY REQUIREMENTS Accessibility Requirements Class of facility AA, CA AS, ANA, CS, CNA Ramped or grade level entrances from street, alley or ancillary parking to a primary floor Required for one entrance Required for two entrances Stepped entrances to a primary floor within 2'- 0" of grade Permitted Not Permitted Entrances to a primary floor minimum 2'- 8" clear opening width Readily Achievable7 Required All passageway doors on primary floor minimum 2'- 8" clear opening width Permitted2 Required Elevators, ramps or lifts between interior floor levels Permitted Required3,4 Interior access to all common-use areas Readily Achievable7 Required Interior access to all bathing and toilet facilities Readily Achievable7 Required5 Grab bars for toilet and bath fixtures Readily Achievable7 Required5 12% of the toilet and bathing facilities are compliant with s. Comm 69.11. Readily Achievable7 Required5 Levered handles on all doors, bathroom water fixtures and other devices normally used by residents with manual strength or dexterity limitations. Required6 Required6 1 Ramps are defined in Comm 69. 2 Two-foot 6-inch passageway doors are permitted in existing buildings. 3 A lift in any required stairway exit in an existing building shall not encroach upon the exit width required under the applicable Comm 69 requirements. The lift shall not block access to the handrail. 4 May be omitted if use of other floors is restricted to ambulatory or semiambulatory residents physically capable of negotiating stairs or if there are no one-of-a-kind, common-use areas located on these floors. 5 Shall be provided to the maximum extent feasible in existing buildings undergoing remodeling, but may be omitted in rooms used only by fully ambulatory residents not using a wheelchair, walker, cane, crutches or other assistance. For new construction the requirements in the Americans with Disabilities Act (ADA) apply in addition to s. Comm 69. Note that in 28 CFR 36.402 of Federal regulations implementing the Americans with Disabilities Act (ADA), "the phrase 'to the maximum extent feasible' applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments)." 6 Required when other hardware creates a barrier or is difficult to use safely by residents with manual strength or dexterity limitations. 7 28 CFR 36.304 of Federal regulations implementing the Americans with Disabilities Act (ADA), requires that "a public accommodation [which includes CBRFs] shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e, easily accomplished and able to be carried out without much difficulty or expense." See 28 CFR 36.304 for a list of examples of barrier removal and for the order of priorities for creating accessibility. SUBCHAPTER VII - STRUCTURAL REQUIREMENTS HFS 83.51 Building maintenance and site. (1) CONDITION OF BUILDING AND SITE. (a) Building integrity. Any building used as a CBRF shall be structurally sound without visible evidence of structural failure or deterioration. (b) Surface drainage. All courts, yards or other areas on the premises shall be drained or graded to divert water away from the building. (c) Outdoor maintenance. Fences, driveways, parking areas and similar paved areas shall be maintained in a safe condition. (d) Painted exterior surfaces. Any exterior surface treated with paint or other preservative shall be maintained to prevent chipping, cracking or other deterioration of the exterior surface or the surface treatment. No lead-based paints or preservatives may be used. (e) Interior surfaces. Every interior floor, wall and ceiling shall be kept in good repair. Interior walls and ceilings in spaces subjected to moisture shall have water-resistant hard surfaces and no substantial surface irregularities or cracking. (f) Structural condition. Every foundation wall, exterior wall, floor and roof shall be watertight, rodent-proof and reasonably weatherproof and shall be kept in good repair. (g) Conditions of openings. Every exterior window, exterior door and exterior basement hatchway shall be watertight, rodent-proof and reasonably weatherproof and kept in good repair. Every interior door shall be kept in good repair. All installed door and window hardware shall be maintained in good working condition. (h) Appurtenances. Every inside and outside stair, every porch and every appurtenance to the building shall be maintained in a non-hazardous condition. (2) GARAGES AND UTILITY BUILDINGS. (a) Attached garage. 1. Common walls between a facility and an attached garage shall be protected with at least one layer of 5/8-inch type X gypsum board with taped joints, on the garage side and with at least one layer of 1/2-inch gypsum board with taped joints, or equivalent, on the facility side. The walls shall provide a complete separation. 2. Floor-ceiling assemblies between a garage and the facility shall be protected with at least one layer of 5/8-inch type X gypsum board on the garage side of the ceiling or room framing. 3. Openings between an attached garage and the facility shall be protected by a self- closing 1-3/4 inch solid wood core door or an equivalent self-closing fire-resistive rated door. 4. The garage floor shall be pitched away from the facility and at its highest point shall be at least 1-1/2 inches below the floor of the facility. 5. Whenever a required exit leads into a garage, the garage shall have at least a 32" service door to the outside. The exit path from the facility through the garage to the outside shall be clear and unobstructed. (b) Detached garages. A detached garage shall either be located at least 3 feet from the facility or shall comply with the requirements for attached garages under par. (a). (c) Detached utility buildings. A utility building where fueled, motorized vehicles and appliances such as snow-mobiles, power lawn mowers, motorcycles, and snow blowers are stored shall either be located at least of 3 feet from the facility or shall comply with the requirements for attached garages under par. (a). (3) INTERIOR FINISHING. (a) Polyurethane and polystyrene surfaces. Exposed polyurethane and polystyrene surfaces are prohibited. (b) Carpet. All newly installed carpeting shall have a minimum Class rating under the tunnel test with a flamespread rating of 75 or less, or a Class II rating under the radiant panel flux test with a flamespread rating of 0.22 watts per square centimeter or greater when tested in accordance with s. Comm 51.044 or the manufacturer for each specific product. Certified proof by the manufacturer of one of those tests for the specific product shall be available in the facility. Certification by the installer that the material installed is the product referred to in the test proof shall be obtained by the facility. No carpeting may be applied to walls unless it has a class A rating under the tunnel test with a flamespread rating of 25 or less. Note: The class A or B rating under the tunnel test has no relationship to the classes of licensure under s. HFS 83.04(1). HFS 83.52 Minimum type of construction. (1) APPLICATION OF HABITABLE FLOOR DEFINITION. The number of habitable floors in a facility shall determine the type of construction for each class of licensure and when an automatic sprinkler system, combined with an interconnected or radio frequency smoke detection system, may substitute for the required type of construction. (2) MINIMUM TYPE OF CONSTRUCTION FOR EACH CLASS OF LICENSURE. (a) A facility with 3 or fewer habitable floors shall meet the construction requirements for class of licensure in Table 83.52. Table 83.52 MINIMUM TYPE OF CONSTRUCTION BY CLASS OF LICENSURE FOR FACILITIES WITH 3 OR FEWER HABITABLE FLOORS Class of Licensure Number of AA AS, ANA CA, CS, CNA Habitable Floors Construction Type Construction Type Non- Sprinklered Sprinklered Construction Type Non- Sprinklered Sprinklered 1 8 8 8 3 8 2 8 2 8 2 8 3 8 2 3 2 3 Notes: Refer to applicable Comm codes for detailed descriptions of the requirements for each type of construction. Typical requirements are as follows: Construction Type 2. Typical fire-resistive construction (Comm class 1 or 2) consists of exterior walls of concrete or masonry, floors and roof of fireproofed steel or concrete and interior partitions of concrete block or steel studs. Construction Type 3. Typical metal frame protected construction (Comm class 3 modified) consists of structural parts and enclosing walls of masonry in combination with other noncombustible material. Construction Type 8. Typical wood frame unprotected construction (Comm class 8) consists of exterior walls of wood studs covered with siding (metal or wood), brick, stone, slate, etc., wood floors and roof, and interior partitions of wood stud and plaster or drywall. (b) For class AS and ANA facilities, the bedrooms and congregate dining and living area for blind, nonambulatory, semiambulatory or physically disabled residents shall be on the first floor. (c) A facility of any type of construction initially licensed for a class CA, CS or CNA occupancy on or after January 1, 1997 shall have a sprinkler system under s. HFS 83.43(5), except as provided under s. HFS 83.44. (d) No facility with 3 habitable floors above grade that is built of wood frame under s. COMM 51.03(8) as COMM class 8 construction and is not protected by a complete automatic sprinkler system under NFPA 13, may use the third habitable floor for sleeping, eating, cooking or habitable rooms for residents, respite care residents, other occupants, employes, the licensee or any relatives, except that storage or office space for the licensee or employes may be located on that floor. (e) Any facility that meets the requirement of type 2 construction in Table 83.52 and is not protected by a sprinkler system shall have either an area of rescue assistance under sub. (3) or approved by the department for horizontal evacuation under s. HFS 83.53(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. (f) A facility that does not occupy an entire building and is located above the second story of a building of more than 3 stories shall comply with all of the following: 1. The building shall be in compliance with s. Comm 51.03 (1) or (2). 2. The entire building shall be equipped with a complete automatic sprinkler system under NFPA 13. (3) AREA OF RESCUE ASSISTANCE. (a) A room to be used as an ARA shall not be a bedroom or a room for the private use of any resident, other occupant, employe, or licensee. (b) The ARA shall be constructed of 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. (c) 1. Doors in the ARA shall be tight-fitting smoke-and-draft-control assemblies having a fire-protection rating of at least 45 minutes and shall be self-closing or automatic closing. 2. A room to be used as an ARA shall have an exit door directly to an exit enclosure such as a stairwell or fire escape that leads directly outside. 3. The door leading into the ARA from the residential area shall be unlocked at all times. The door between the ARA and an exit enclosure shall be equipped with hardware that unlocks and opens with one hand and one motion from the ARA side of the door. (d) Each stairway adjacent to an ARA shall have a minimum clear width of 48 inches between handrails. (e) Two-way communication from the ARA and identification of the ARA shall be provided as required by the department. (f) 1. Each ARA shall have a space for each person needing the ARA in an emergency as follows: a. At least 30 inches by 48 inches for each person who uses a wheelchair for mobility. b. At least 30 inches by 36 inches for each person who uses a walker, cane or crutch to provide assistance in walking. c. At least 30 inches by 24 inches for each person who does not use any assistive device for mobility or walking, but is not capable of negotiating stairs without assistance. 2. The measurements in subpars. 1.a to c shall be determined after deducting the space covered by the door swing if the swing is into the ARA and the space needed for a passageway through the ARA of at least 2 feet 8 inches in width. (g) The number of residents not able to negotiate stairs who are housed on each floor level required to have a ARA shall be limited to the number of spaces provided in the ARA on that floor. (h) A facility with an ARA shall notify the local fire department of the facility's emergency evacuation plan, including the use and location of each ARA, and the potential number of residents and staff who would use each ARA. Note: See s. HFS 83.63 for additional fire protection requirements for facilities licensed for 21 or more residents. HFS 83.53 Exiting. (1) EXITS, PASSAGEWAYS AND SEPARATION BETWEEN FLOORS. In this section, exit means standard exit doors opening to passageways or grade, exit passageways, fire escapes and stairways as specified in Comm. 61.12 (4). (a) All habitable floors, shall have at least 2 primary exits providing unobstructed travel to the outside. A small class AA facility with no more than 2 habitable floors may have one exit from the second floor. (b) A facility may use internal horizontal evacuation when the building has horizontal exits defined under s. Comm 51.19 (1). The facility shall have approval from the department before including internal horizontal exiting in the emergency plan under s. HFS 83.42(3). Note: Section Comm 51.19 (1) describes horizontal exits as: "One or more openings through an occupancy separation; a 2-hour fire-rated separation wall extending from the basement or lowest floor to the underside of the roof deck or of one or more bridges or balconies connecting 2 buildings or parts of buildings entirely separated by occupancy separations as described in s. Comm 51.08." (c) Exit doors [DHFS12]and doors in exit passageways shall be at least 2 feet 8 inches in width, and 6 feet 4 inches in height. (d) Existing passageways, stairways and doors in class AA facilities shall be at least 2 ft. 4 inches in width[DHFS13]. (e) No exit may be through a toilet or bathroom or an intervening bedroom. (f) The required width of passageways and stairways to outside exits shall be at least three feet and maintained clear and unobstructed at all times. In new construction of large facilities, all corridors in resident areas shall be at least 5 feet wide. In existing large facilities, the minimum corridor width shall be at least 4 feet. (g) Exits or sidewalks, and driveways used for exiting shall be kept free of ice, snow, and obstructions. For facilities serving only ambulatory residents, the facility shall maintain a cleared pathway to a public way or safe distance away from the building from all exterior doors used in an emergency. For facilities serving semi-ambulatory and non-ambulatory residents, a facility shall maintain a cleared, hard surface, barrier-free walkway to a public way or safe distance away from the building for at least 2 primary exits from the building. All other required exits shall have at least a cleared pathway maintained to a public way or safe distance from the building. An exit door or walkway to a cleared driveway leading away from the facility also meets this requirement. (2) DOORS EXCEPT PATIO DOORS. (a) A door shall be provided at any interior stair between the basement and the first floor. The door shall have a positive latch and an automatic closing device and normally shall be kept closed. A spring of sufficient strength to close the door and activate the door latch is acceptable for meeting the automatic closing device portion of this requirement. Enclosed furnace and laundry areas with self-closing doors in a split-level home may substitute for the self-closing door between the first and second levels. All doors shall have the fastenings or hardware needed to open them from the inside with one hand and one motion without the use of a key or special tool. (b) Closet doors shall open from the inside. (c) All interior doors equipped with locks shall be designed to unlock from either side in case of emergency. (d) In new construction in large facilities, toilet room doors shall not swing into the toilet room and shall be provided with two-way hardware. (3) PATIO DOORS. A patio door can be used as a supplementary exit in an emergency and shall comply with all of the following: (a) Factory installed door fastenings or hardware on sliding glass patio doors is acceptable. The use of bolt locks on sliding glass patio doors is prohibited. Other locking devices approved by the department may be used. (b) All door fastenings or hardware on hinged, swing type patio doors shall be operable from the inside with one hand and one motion without the use of a key or special tool. (c) Furniture and other obstacles shall not be placed in front of the patio door. (d) A clear and unobstructed pathway shall be maintained to a safe distance away from the building as specified under s. HFS 83.51(1)(e). (4) STAIRS AND SHAFTS. (a) All required interior and exterior exit stairways shall have a minimum tread width, exclusive of nosing or projection, of 8 inches and a maximum riser height of 9 inches. (b) One or more handrails, between 30" to 34" above the nose of the tread, shall be provided on all stairways. Handrails shall be provided on the open sides of stairways and platforms. Facilities licensed prior to January 1, 1997 shall have handrails at least 29" above the nose of the tread. (c) 1. Winders in stairways shall be provided with handrails on both sides, at least 29 inches above the nose of the tread. 2. Winders in stairways used as required exits shall have treads of at least 7 inches in width at a point one foot from the narrow end of the tread. (d) Spiral stairs are prohibited for use as required exit stairs. (e) Any shaft such as a dumbwaiter or laundry chute leading to the basement, as defined under s. Comm 51.01 (10), shall be provided with a door on each level above the lowest floor. The door shall be provided with a positive latch and an automatic closing device and shall normally be kept closed. A spring of sufficient strength to close the door and activate the door latch is acceptable for meeting the automatic closing device portion of this requirement. (f) In a large facility, any stairwell, atrium, vertical shaft or vertical opening shall be of at least one-hour fire resistive construction with one-hour rated self-closing fire doors at each floor, except that any building of fire resistive construction and any building of 3 or more stories shall have 2-hour fire resistive enclosures for all openings with class B fire doors at each floor. No atriums, vertical shafts or vertical openings, except elevators and stairwells, may open directly to a corridor. (g) In new construction of a large facility, the room in which a chute terminates shall be of 2-hour fire-resistive construction with a class B fire door. (5) LIGHTING. (a) All exit passageways and stairways shall be capable of being lighted at all times. (b) All required exit signs shall be lighted at all times. HFS 83.54 Windows. (1) MINIMUM SIZE. Every habitable and sleeping room shall have at least one outside window with a total sash area of at least 8% of the floor area in the room. That window shall be openable. The openable area of the window shall be equal to not less than 4% of the floor area of the room. (2) MINIMUM OPENING FOR SLEEPING ROOMS. At least one outside window in a sleeping room shall be openable from the inside without the use of tools or keys and shall provide a clear opening of at least 16 inches in the least dimension. (3) STORM WINDOWS AND SCREENS. Except for insulated windows, all windows serving habitable rooms shall be provided with storm windows in winter that shall be openable from the inside without the use of tools. All required openable windows shall have insect-proof screens in summer. (4) WINDOW COVERINGS. Every habitable room shall be provided with shades, drapes or other covering material or device, that afford privacy and light control for the resident. (5) WINDOW SILLS. In new construction, the bottom sill of windows in a resident's room shall be 3 feet or less from the floor. In existing construction, the bottom sill of windows in a resident room shall be 44" or less from the floor. [DHFS14][DHFS15] HFS 83.55 Electrical service and fixtures. (1) GENERAL. (a) Installation and maintenance. Every facility shall be supplied with electrical service, wiring, outlets and fixtures, which shall be properly installed and shall be maintained in good and safe working condition. (b) Service size. The electrical service shall be of the proper size to handle the connected load. (2) PROTECTION. (a) Fuses and circuit breakers. The branch circuits shall be protected by tamper-proof fuses, or circuit breakers not to exceed the ampere capacity of the smallest wire size in the circuit. (b) Ground fault interruption. Ground fault interrupt protection shall be required for all outlets within six feet of a plumbing fixture and in all outlets on the exterior of the facility and in the garage. (3) MINIMUM NUMBER OF FIXTURES AND OUTLETS. The minimum number of fixtures and outlets shall be as follows: (a) Light fixtures. Every bathroom, kitchen or kitchenette, dining room, laundry room and furnace room shall contain at least one approved or listed ceiling or wall-type electric light fixture equipped with sufficient lamps or tubes to provide no less than 5 foot candles at floor level at center of room. Where more than one fixture is used or required, the additional fixture or fixtures shall be equally spaced as far as practical. A switched outlet may be substituted for a ceiling or wall fixture in bathrooms and dining rooms. (b) Minimum outlet ratios. Electric duplex outlet receptacles shall be provided as follows: 1. Living room, one per 75 sq. ft. of floor area with a minimum of 2. 2. Dining room, one per 75 sq. ft. of floor area with a minimum of 2. 3. Kitchen, one per 8 lineal feet or fraction thereof, of countertop and preparation area, including island-type areas. In addition, if a kitchen is used for dining purposes, one per 75 sq. ft. of floor area. Separate outlets shall be provided for refrigerators. 4. Bedroom, one per 75 sq. ft. of floor area with a minimum of 2. 5. Laundry room, one. 6. Toilet rooms, one, which may be part of the wall fixture if 72 inches or less from the floor. 7. Other habitable rooms, minimum of 2. (4) OUTLET AND SWITCH LOCATIONS AND EXPOSED WIRING. (a) Outlets. Electrical outlets shall be located to minimize the use of extension cords. (b) Extension cords. 1. When extension cords are required, they shall be rated appropriately for the ampere capacity of the appliance being used. 2. When the electrical circuit is not equipped with a circuit breaker, the extension cord shall be equipped with a circuit breaker. 3. Extension cords shall not extend beyond the room of origin, shall not be a substitute for permanent wiring, shall not be located beneath rugs or carpeting and shall not be located across any pathway. (c) Switches. Switches or equivalent devices for turning on at least one light in each room or passageway shall be located to conveniently control the lighting in the area. (d) Temporary and exposed wiring. All temporary wiring and exposed wiring, whether in use or abandoned, shall be removed. (e) Safety. Electrical cords and appliances shall be maintained in a safe condition. Frayed wires, cracked or damaged switches, plugs and electric fixtures shall be repaired or replaced. HFS 83.56 Requirements for new construction and remodeling. (1) APPLICATION OF THE CODE. The purpose of this code is to apply minimum requirements for the design, construction, operation and maintenance of the facility. New construction shall meet the requirements of this code in its entirety. Additions shall comply with the requirements for new construction. Remodeling shall comply, to the maximum extent practical, with the requirements for new construction. In any existing building or structure, whether remodeling or not, shall be permitted to be classified as facility occupancy only if such building or structure, or portion thereof, conforms with the requirements of this code. Note: see definitions in 83.03 for new construction and remodeling. (2) COMPLIANCE WITH APPLICABLE COMM REQUIREMENTS. All new construction or remodeling shall meet the relevant requirements affecting new construction found in chs. Comm 50 to 64. Plan review by the department of commerce is required for both new construction and remodeling for facilities of 9 or more residents. The department of commerce reviews these plans for compliance with state building codes. (3) PLAN REVIEW. All new construction and remodeling plans for facilities of any size shall be reviewed and approved by the department before construction. The department shall review the plans submitted this subsection for compliance with this chapter. The fees required for plan review services under sub. (4) apply to plan reviews under this section. (4) REQUIREMENTS FOR SUBMISSION. (a) Applicants shall submit plans for construction or remodeling to the department and obtain the department's approval before starting any construction or remodeling project. Applicants shall pay fees established in sub. (6) to the department for providing plan review services. (b) An applicant or licensee shall submit to the department copies of working plans and specifications prior to all new construction or remodeling. (c) The plans shall show the general arrangement of the buildings, including room schedule and fixed equipment for each room and a listing of room numbers and other pertinent information. Plans submitted to the department shall be drawn to scale. (d) Applicants shall submit any changes in the approved working plans affecting the application of the requirements under this subchapter to the department for approval before construction is undertaken. The proposed changes shall be submitted on the previously approved working plans. (e) If the applicant does not initiate on-site construction above the foundation within one year of the date of the department's approval of the working plans and specifications sub. (4), the department's approval shall be void and the applicant shall resubmit the plans and specifications to the department for reconsideration of approval. (4) FEES FOR PLAN REVIEW SERVICES. (a) The fees established in this subsection shall be paid to the department for providing the plan review services under sub. (2), s. HFS 83.43(7)(d), s. HFS 83.63(2) and s. HFS 83.65(1). The department may withhold providing services to parties who have past due accounts with the department for plan review services. The department shall charge a facility a fee according to the following schedule: 1.For projects with an estimated dollar value of less than $2,000, a fee of $100; 2. For projects with an estimated dollar value of at least $2,000 but less than $25,000, a fee of $300; 3. For projects with an estimated dollar value of at least $25,000 but less than $100,000, a fee of $500; 4. For projects with an estimated dollar value of at least $100,000 but less than $500,000, a fee of $750; 5. For projects with an estimated dollar value of at least $500,000 but less than $1 million, a fee of $1,500; 6. For projects with an estimated dollar value of at least $1 million but less than $5 million, a fee of $2,500; and 7. For projects with an estimated dollar value of over $5 million, a fee of $5,000. (b) 1. 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. 2. 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. (5) INSPECTION. The department shall conduct at least one on-site inspection of new construction to ensure that the project is being constructed according to department-approved plans. APPENDIX A Regional Offices of the Division of Community Services The Department of Health and Family Services licenses facilities through Division of Supportive Living regional offices. Below are addresses and phone numbers of the regional offices and the counties they serve. Plan reviews to determine compliance with the applicable rules in ch. HFS 83 are done by professional engineers in the Department's Division of Supportive Living, Bureau of Quality Assurance. There is an application form and a fee is assessed for a plan review. Application, fees and plans should be sent to COUNTIES NORTHEASTERN OFFICE Brown, Door, Kewaunee, Manitowoc, Marinette, (Green Bay) Menominee, Oconto, Outagamie, Shawano, 200 N. Jefferson Waupaca, Waushara, Winnebago Suite 211 Green Bay, WI 54301 (414) 448-5240 SOUTHEASTERN OFFICE (Milwaukee) Calumet, Fond du Lac, Kenosha, Milwaukee 819 N. 6th St., Rm. 875 Ozaukee, Racine, Sheboygan, Walworth, Milwaukee, WI 53203 Washington (414) 227-4501 SOUTHERN OFFICE (Madison) Columbia, Crawford, Dane, Dodge, Grant, Green, 3514 Memorial Drive Green Lake, Iowa, Jefferson, Lafayette, Building 1 Marquette, Richland, Rock, Sauk Madison, WI 53704 (608) 243-2370 WESTERN OFFICE (Eau Claire) Adams, Baron, Buffalo, Burnett, Chippewa, 610 Gibson Street Clark, Douglas, Dunn, Eau Claire, Jackson, Eau Claire, WI 54701 Juneau, La Crosse, Monroe, Pepin, Pierce, (715) 836-4752 Polk, St. Croix, Trempealeau, Vernon, Washburn NORTHERN OFFICE (Rhinelander) Ashland, Bayfield, Florence, Forest, 1853 N. Stevens Street Iron, Langlade, Lincoln, Marathon, Oneida, P.O. Box 697 Portage, Price, Sawyer, Taylor, Vilas, Wood Rhinelander, WI 54501 (715) 365-2800 The repeals and rules contained in this order shall take effect on Wisconsin Department of Health and Family Services Date: By:_______________________________ Joseph Leean Secretary SEAL: [DHFS1]PRQI: Feb 2000: look at numbering in this section. [DHFS2]PRQI: FEB 2000: look at number under (2). [DHFS3] Do we want language stating facilities need to provide a bed at additional charge, but not linens. [DHFS4]Kevin- can this be applied to all? [DHFS5]What about large facilities? [DHFS6]PRQI: Feb 2000: wait to see if "(b) At least one portable dry chemical fire extinguisher shall be provided." Should be added or not. [DHFS7] PRQI: Feb 2000: removed last sentence regarding large facilities per 50.035 [DHFS8]PRQI: Feb 2000: come back to this section to input changes once clarification comes from Dave Soens. [DHFS9]PQRI: Feb 2000: Dave Soens will check into specific locations so (c)(2) can we changed. [DHFS10]PRQI: Feb 2000: Dave and Woody to meet to see how to proceed. [DHFS11] 4-2000: Look at the text following the table in 83.45 to see what we can keep and what is already covered in the text. [DHFS12]Dave Soens: Please review this. Do we want to include passageways, exit doors to passageways to the definition of an exit? [DHFS13]Feb 2000: Dave Soens to check the door width should it be 2.4, 2.6, 2.8 or 3.0? [DHFS14]moved to 83.41(4)(j). [DHFS15]Moved to 83.41(5)(a)3. May 9, 2000