DHS 83.52 Common dining and living space.
(1) SPACE PER RESIDENT. (a) The minimum common dining and
living space shall be 60 square feet per ambulatory or semi−ambulatory resident or another occupant, and 90 square feet per non−ambulatory resident or another occupant.
(b) For each resident apartment, the CBRF may apply 25% of the total floor space of the habitable rooms in the apartment, not
including a 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.
(c) Egress paths through common−use areas may not be counted in the common space calculation.
(d) Common dining space shall be large enough to accommodate all residents in no more than 2 shifts.
(2) ACCESS. Common dining and living spaces shall be internally accessible to all residents.
(3) RECREATIONAL SPACE. The CBRF shall designate adequate space and equipment to meet the needs of the residents for social
and recreational activities.
(4) CEILING HEIGHT. All common−use rooms shall have a ceiling height of at least 7 feet.
DHS 83.54 Resident bedrooms. (1) DESIGN. (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.
(b) Floor to ceiling walls with rigid construction swing−type
doors that are of the side−hinged or pivoted swinging shall encloseNresident bedrooms.
(c) Bedrooms shall open directly into a corridor, the resident’s private living area or common living space.
(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.
(e) Each resident bedroom shall have a ceiling height of at least 7 feet.
(2) LOCATION. Resident bedrooms shall be located near toilet
and bathing facilities and shall provide internal access to congregate dining and living areas.
(3) CAPACITY. (a) Resident bedrooms shall accommodate no
more than 2 residents per room.
(b) Facilities exclusively serving residents in the custody of a
government correctional agency or who is alcohol or drug dependent may accommodate up to 3 residents per room if the facility
was licensed before April 1, 2009.
(4) SIZE. (a) In existing class AA and class CA CBRFs, single
occupancy bedrooms shall have a minimum of 80 square feet per
resident and 60 square feet per resident in multiple occupancy
bedrooms. Minimum square footage shall be calculated exclusive
of toilet rooms and closets.
(b) In existing class AS, class CS, class ANA and class CNA
CBRFs, and all newly constructed CBRFs, single occupancy bedrooms shall have a minimum of 100 square feet per resident and
80 square feet per resident in multiple occupancy bedrooms. Minimum square footage shall be calculated exclusive of toilet rooms and closets.
(c) A bedroom shared by residents who require different
classes of licensure shall meet the highest applicable square footage required for all residents sharing the bedroom.
(5) BASEMENT BEDROOMS. Basement bedrooms shall have at
least 2 means of exiting that provide unobstructed egress to the
outside or grade level. Windows in the basement shall not be considered exits.
(6) BED ARRANGEMENTS. The CBRF shall locate beds either
the minimum distance from heat producing sources recommended by the manufacturer or 18 inches. The CBRF shall have
a deflector on the register when the bed is located less than 18
inches from a forced air register. Beds may not block a forced air
register.
DHS 83.55 Bath and toilet areas. (1) NUMBER. (a) The CBRF shall provide at least one toilet, one sink and one bath or
shower for every 10 residents and other occupants or a fraction thereof.
(b) Grab bars shall be provided at toilet and bath fixtures as necessary to meet the needs of the residents. Grab bars shall meet
requirements as specified in ch. SPS 361.
(c) When fixtures are accessed only through a bedroom, the fixtures may only be counted as meeting the requirement for the
occupants of that bedroom.
(2) LOCATION. Toilet rooms and bathing areas shall be accessible and available to residents on each floor in class AS, class
ANA, class CS and class CNA facilities.
(3) HAND DRYING. All sink areas shall have dispensers for single use paper towels, cloth towel dispensing units that are
enclosed for protection against being soiled or electric hand dryers. This requirement does not apply to sink areas located in toilet
rooms accessed directly from a resident bedroom.
(4) PRIVACY. (a) Bath and toilet rooms shall have door locks to ensure privacy, except where the toilet, bath or shower room is
accessed only from a resident room that is occupied by one person. All door locks shall be operable from both sides.
(b) All toilet and bathing areas shall have floor-to-ceiling walls and door assembly.
(5) ELECTRICAL FIXTURES. Bath and toilet rooms shall have at
least one electrical fixture to provide artificial light and one electrical duplex outlet receptacle.
(6) WATER SUPPLY. (a) The CBRF shall connect each sink, bathtub and shower to hot and cold water, and supply adequate hot
water to meet the needs of the residents.
(b) The CBRF shall set the temperature of all water heaters connected to sinks, showers and tubs used by residents at a temperature of at least 140°F. The temperature of water at fixtures
used by residents shall be automatically regulated by valves and may not exceed 115°F, except for CBRFs serving residents recovering from alcohol or drug dependency or clients of a government
correctional agency.
(c) The fixtures at sinks used by residents shall be the single nozzle, lever−handled mixing type fixtures or the single nozzle,
2 handled mixing type fixtures which are easy for all residents to
control.
DHS 83.56 Day care. If there is a day care program in the same building as a CBRF, the facilities shall be separated.
Entrance and exit doors for each facility shall be separate. Socialization between facilities shall not interfere with privacy or
infringe upon the use of habitable floor space of CBRF residents.
DHS 83.57 Multiple occupancies. (1) PHYSICAL SEPARATION. (a) A CBRF located in the same building as a nursing
home or hospital shall be a distinct living area and shall be separated between the 2 occupancies by a minimum of a 2 hour fire
rated construction or all parts of each distinct living area shall
meet the higher fire protection standards.
(b) A CBRF located in the same building as a residential care
apartment complex or other residential occupancy shall be a distinct living area and shall be separated between the 2 occupancies
by at least a one hour fire rated construction. The entire building
shall be equipped with an interconnected smoke and heat detection system and sprinkler system in compliance with s. DHS
83.48. The CBRF shall maintain documentation for all testing and
maintenance of the detection system in both the CBRF and the
non−CBRF.
(c) A small CBRF located in one living unit of a duplex shall
be a distinct living area and shall be separated between the 2 occupancies by at least a one hour fire rated construction. The entire
building shall be equipped with an interconnected smoke and heat
detection system and sprinkler system in compliance with s. DHS
83.48. The CBRF shall maintain documentation for all testing and
maintenance of the detection system in both the CBRF and the
non−CBRF.
(d) If a common lobby and access area of a multiple occupancy
building is not provided, the CBRF shall have separate entrance
and exit doors.
(2) COMMON USE AREAS. If CBRF residents and other occupants are intermixed and the total building is available to CBRF
residents and other occupants, the common dining and living
space shall be determined by the total capacity of the building as
described under s. DHS 83.52 (1) (a). If CBRF residents and other
occupants are not intermixed, the facility shall provide common
living and dining space as described in s. DHS 83.52 (1) (a) for the
use of the CBRF residents.
(1) ATTACHED GARAGE. (a) Common walls between a CBRF and
Agenda Item X.A – WI Chapter DHS 83 Regulations
DHS 83.58 WISCONSIN ADMINISTRATIVE CODE 170
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
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. Register December 2011 No. 672
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 ½−inch gypsum board with taped joints, or equivalent, on the CBRF side. The walls shall provide a complete separation.
(b) Floor−ceiling assemblies between a garage and the CBRF 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.
(c) A self−closing 1¾−inch solid core wood door or an equivalent self−closing fire−resistive rated door shall protect openings
between an attached garage and the CBRF.
(d) When a required exit leads into a garage, the garage shall
have at least a 32 inch service door to the outside.
(2) DETACHED GARAGES. A detached garage shall either be
located at least 3 feet from the CBRF or shall comply with the
requirements for attached garages under sub. (1).
(3) UTILITY BUILDINGS. A utility building where fueled,
motorized vehicles and appliances such as snowmobiles, power
lawn mowers, motorcycles, and snow blowers are stored shall be
located at least of 3 feet from the CBRF or comply with the
requirements for attached garages under sub. (1).
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09.
DHS 83.59 Exits and passageways. In this section,
“exit” means standard exit doors opening to passageways or
grade, exit passageways, fire escapes, and stairways as specified
in ch. SPS 361.
(1) EXITS. All habitable floors shall have at least 2 exits providing unobstructed travel to the outside. Small class AA CBRFs
licensed on or before April 1, 2009, with no more than 2 habitable
floors may have one exit from the second floor.
(a) Class AS, class ANA, class CS and class CNA CBRFs shall
have at least 2 grade level or ramped exits to grade.
(b) A CBRF may use horizontal evacuation as defined under
ch. SPS 361. The CBRF shall have approval from the department
before including horizontal evacuation in the emergency and disaster plan under s. DHS 83.47 (2).
(c) Exit doors and doors in exit passageways shall have a clear
opening of at least 32 inches in width and 76 inches in height.
(d) Exit passageways, stairways and doors in class AA facilities shall be at least 30 inches clear opening in width. Class AA
facilities licensed on or before April 1, 2009, shall have a minimum width of 28 inches clear opening for existing passageways,
stairways and doors.
(e) No exit passageway may be through areas such as a resident
room, bath or toilet room, closet or furnace rooms.
(f) Exit passageways and stairways to outside exits shall be at
least 36 inches in width and maintained clear and unobstructed at
all times. Exit passageways and stairways to outside exits shall be
at least 32 inches in width in facilities licensed on or before April
1, 2009. In existing large facilities, the minimum corridor width
shall be at least 4 feet.
(g) Exits, sidewalks and driveways used for exiting shall be
kept free of ice, snow, and obstructions. For facilities serving only
ambulatory residents, the CBRF shall maintain a cleared pathway
from all exterior doors to be used in an emergency to a public way
or safe distance away from the building. For facilities serving
semi−ambulatory and non−ambulatory residents, a CBRF 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 CBRF also meets this requirement.
(h) The exit path from the CBRF through the garage to the outside shall be clear, safe and unobstructed.
(2) DOORS. (a) All doors shall have latching hardware to permit opening from the inside with a one−hand, one−motion operation without the use of a key or special tool.
(b) A solid core wood door or an equivalent fire resistive 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. 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. Enclosed furnace and laundry areas shall have
self closing solid core wood doors or an equivalent fire resistive
door when located on a common level with resident bedrooms.
(c) All interior doors equipped with locks shall be designed to
unlock from either side in case of emergency.
(d) Levered handles shall be provided on all doors used by residents with manual strength or dexterity limitations.
(f) The staff member in charge on each work shift shall have
a means of opening all locks or security devices on all doors in the
CBRF.
(3) PATIO DOORS. A patio door may be used as a supplementary
exit in an emergency in addition to the required primary exits 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.
(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.
(4) DELAYED EGRESS. Delayed egress door locks are permitted
with department approval only in facilities with a supervised automatic fire sprinkler system and a supervised interconnected automatic fire detection system and shall comply with all of the following:
(a) No more than one device shall be present in a means of
egress.
(b) A sign shall be posted adjacent to the locking device indicating how the door may be opened.
(c) The doors shall unlock upon activation of the sprinkler system or fire detection system. The doors shall unlock upon loss of
power controlling the lock or locking mechanism.
(d) The door locks shall have the capability of being unlocked
by a signal from the CBRF’s fire command center.
(e) An irreversible process will occur which will release the
latch in not more than 15 seconds when a force of not more than
15 pounds is applied for 3 seconds to the release device. Initiation
of the irreversible process shall activate an audible signal in the
vicinity of the door. Once the door lock has been released by the
application of force to the releasing device, re−locking shall be by
manual means only.
(f) To obtain department approval, the CBRF shall demonstrate that delayed egress equipment is necessary to ensure the
safety of residents served by the CBRF, specifically persons at risk
of elopement due to behavioral concerns, cognitive impairments
or dementia, including Alzheimer’s disease.
(5) STAIRS AND SHAFTS. (a) All required interior and exterior
exit stairways shall be in compliance with ch. SPS 361. For small
CBRFs, all required interior and exterior exit stairways shall be in
compliance with the Uniform Dwelling Code.
(b) One or more handrails shall be provided on all stairways
in accordance with ch. SPS 361. For small CBRFs, handrails shall
be in compliance with s. SPS 321.04. Handrails shall be provided
on the open sides of stairways and platforms. CBRFs licensed
Agenda Item X.A – WI Chapter DHS 83 Regulations
171 DEPARTMENT OF HEALTH SERVICES DHS 83.63
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
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. Register December 2011 No. 672
before January 1, 1997, shall have handrails at least 29 inches
above the nose of the tread.
(c) Winders in stairways shall be provided with handrails on
both sides, at least 29 inches above the nose of the tread.
(d) 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.
(e) Spiral stairs are prohibited for use as required exit stairs.
(f) Any shaft such as a dumbwaiter or laundry chute leading
to the basement, as defined in ch. SPS 361, shall be provided with
a door on each level above the lowest floor. The door shall have
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.
(6) RAMP REQUIREMENTS. (a) Slope. In existing buildings, all
exterior ramps shall have a slope of not more than one foot of rise
in 12 feet of run. In existing buildings, an existing interior ramp
with a slope of one foot of rise in 8 feet may be retained to overcome a total height not greater than 2 feet when the floor area does
not permit a 1:12 ramp. The ramps shall have a slip−resistant surface and shall have no side slope.
(b) Width. Ramps shall be at least 4 feet wide, of which not
more than 4 inches on each side may be occupied by a handrail.
(c) Handrails. 1. Ramps in CBRFs initially licensed on or
after January 1, 1997, shall have a handrail on each side which
shall be mounted between 34 inches and 38 inches above the ramp
surface. CBRFs licensed before January 1, 1997, shall have handrails mounted at least 30 inches above the ramp surface.
2. Handrails on unenclosed ramps shall include an intermediate parallel rail at mid−height.
(d) Clearance. Where ramps are provided to doorways, the
ramp on each side of the doorway shall be level for 5 feet from the
door.
(e) Platforms. Ramps having a 1:12 slope shall have a level
platform at 30−foot intervals. All ramps shall have level platforms
at least 5 feet long where they turn and at least 5 feet by 5 feet level
landing at the bottom of the ramp.
(7) EMERGENCY LIGHTING. (a) All exit passageways and stairways shall be provided with emergency egress lighting with a
stand−by power source.
(b) All required exit signs shall be lighted at all times.
DHS 83.60 Windows. (1) MINIMUM SIZE. Every habitable room shall have at least one outside window with a total window area of at least 8% of the floor area in the room. The window
shall be openable from the inside without the use of tools or keys.
The openable area of the window shall be not less than 4% of the
floor area of the room.
(2) SCREENS. All required openable windows shall have
insect−proof screens.
(3) WINDOW COVERINGS. Every habitable room shall have
shades, drapes or other covering material or device that affords
privacy and light control.
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09.
DHS 83.61 Interior surfaces. (1) WALLS AND CEILINGS.
Interior walls and ceilings in spaces subjected to moisture shall
have water−resistant hard surfaces and no substantial surface
irregularities or cracking.
(2) CARPET. (a) Except in a sprinklered CBRF, all newly
installed carpeting shall have a minimum Class rating under the
tunnel test with a flame−spread rating of 75 or less when tested in
accordance with NFPA 255, or a Class II rating under the radiant
panel flux test NFPA 253 with a flame−spread rating of 0.22 watts
per square centimeter or greater when tested in accordance with
ch. SPS 361 or the manufacturer for each specific product.
(b) Certified proof by the manufacturer of one of those tests for
the specific product shall be available in the CBRF. Certification
by the installer that the material installed is the product referred
to in the test proof shall be obtained by the CBRF.
(c) No carpeting may be applied to walls unless the carpet has
a class A rating under the tunnel test with a flame−spread rating
of 25 or less.
(3) POLYURETHANE AND POLYSTYRENE SURFACES. Exposed
polyurethane and polystyrene surfaces are prohibited, except varnished woodwork.