DHS 83.47 Fire safety requirements.
(1) EVACUATION CAPABILITIES. (a) If the time it takes for any resident to evacuate is more than 2 minutes and up to 4 minutes, with or without
employee assistance, the CBRF shall have all of the following:
1. Vertical smoke separation between all floors.
2. Rated stair enclosure as required under ch. SPS 361.
3. Externally monitored smoke detection system with back up
battery supply as required under s. DHS 83.49 (2) (e), unless the
CBRF is equipped with a sprinkler system as required under s. DHS 83.48 (8).
(b) If a resident has an evacuation time of 4 or more minutes,
with or without employee assistance, the CBRF shall have all of the following:
1. Sprinkler system as required under s. DHS 83.48 (8).
2. Vertical smoke separation between all floors.
3. Rated stair enclosure as required under ch. SPS 361.
4. Twenty−four hour awake qualified resident care staff.
(c) If a resident cannot be safely evacuated from their bedroom
as determined by the CBRF’s assessment, the CBRF shall instruct
the resident to remain in the resident’s bedroom and the CBRF
shall meet all of the following requirements:
1. Be sprinklered as required under s. DHS 83.48 (8).
2. Notify the local fire department and identify the specific
residents using point of rescue, and provide an up−to−date floor
plan identifying where those resident rooms are located.
3. Have vertical smoke separation between all floors.
4. Have 24 hour awake qualified resident care staff.
(2) EMERGENCY AND DISASTER PLAN. (a) Written plan. The
CBRF shall have a written plan for responding to emergencies and
disasters that is readily available to all employees. The plan shall
specify the responsibilities of employees. The plan shall include
all of the following:
1. Procedures for orderly evacuation or other department−approved response during an emergency or disaster. The plan shall
include procedures for any resident who refuses to follow evacuation or emergency procedures.
2. The CBRF’s response to serious illness or accidents.
3. Procedures to follow when a resident is missing.
4. The CBRF’s preparation for and response to severe
weather including tornado and flooding.
5. A route to dry land when the CBRF is located in a flood plain.
6. Location of an emergency shelter for the residents.
7. A means of transporting residents to the emergency shelter.
8. How meals and medications will be provided to residents
at the emergency shelter.
(b) Exit diagram. The disaster plan shall have an exit diagram
that shall be posted on each floor of the CBRF used by residents
in a conspicuous place where it can be seen by the residents. The
the diagram shall identify the exit routes from the floor, including
internal horizontal exits under par. (f) 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.
(c) Emergency and disaster procedures. Fire, tornado, flooding or other emergency or disaster procedures shall be clearly
communicated to a new resident within 72 hours after admission.
(d) Fire drills. 1. Fire evacuation drills shall be conducted at
least quarterly with both employees and residents. Drills shall be
limited to the employees scheduled to work at that time. Documentation shall include the date and time of the drill and the
CBRF’s total evacuation time. The CBRF shall record residents
having an evacuation time greater than the time allowed under s.
DHS 83.35 (5) and the type of assistance needed for evacuation.
Fire evacuation drills may be announced in advance.
2. At least one fire evacuation drill shall be held annually that
simulates the conditions during usual sleeping hours. Fire evacuation drills may be announced in advance. Drills shall be limited
to the employees scheduled to work during the residents’ normal
sleeping hours.
(e) Other evacuation drills. Tornado, flooding, or other emergency or disaster evacuation drills shall be conducted at least
semi−annually.
(f) Horizontal evacuation. The CBRF shall have approval
from the department before including horizontal evacuation in the
Agenda Item X.A – WI Chapter DHS 83 Regulations emergency and disaster plan. CBRFs using horizontal evacuation
shall document the total evacuation time of the fire zone evacuated.
(g) Use of area of refuge. The local fire department shall be
made aware of the areas of refuge, if any, and the potential number
of residents who would use the areas of refuge. Evacuation procedures involving fire department personnel shall be conducted at
the option of the fire department. CBRFs using areas of refuge
shall comply with construction requirements under s. DHS 83.51.
(h) Posting of emergency phone numbers. The phone numbers
for emergency services shall be posted near phones used by CBRF
employees.
(3) FIRE INSPECTION. The CBRF shall arrange for an annual
inspection by the local fire authority or certified fire inspector and
shall retain fire inspection reports for 2 years.
(4) FIRE EXTINGUISHER. (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 CBRF. 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 initial purchase and annually thereafter. Each fire extinguisher shall be provided with a tag documenting the date of
inspection.
(b) A fire extinguisher shall be mounted on a wall or a post or
in an unlocked wall cabinet used exclusively for that purpose. Fire
extinguishers shall be clearly visible. The route to the fire extinguisher shall be unobstructed and the top of the fire extinguisher
shall not be over 5 feet high. The extinguisher shall not be tied
down, locked in a cabinet or placed in a closet or on the floor. Fire
extinguishers on upper floors shall be located at the top of each
stairway. Extinguishers shall be located so the travel distance
between extinguishers does not exceed 75 feet. The extinguisher
on the kitchen floor level shall be mounted in or near the kitchen.
(5) SMOKING. Each CBRF shall develop and implement a
written policy on smoking. The policy shall designate areas where
smoking is permitted, if any, and shall be clearly communicated
to residents. Designated smoking areas shall be well ventilated or
have an alternate means of eliminating smoke.
DHS 83.48 Fire protection systems. (1) INTERCONNECTED SMOKE AND HEAT DETECTION SYSTEM. (a) Except as provided under sub. (2), the CBRF shall have an interconnected
smoke detection system pursuant to s. 50.035 (2), Stats., and shall have an interconnected heat detection system to protect the entire
CBRF so that if any detector is activated, an alarm audible
throughout the building will be triggered.
(b) Smoke and heat detectors shall be installed and maintained in accordance with NFPA 72 National Fire Alarm Code and the
manufacturer’s recommendation. Smoke detectors powered by the CBRF’s electrical system shall be tested by CBRF personnel
according to manufacturer’s recommendation, but not less than once every other month. CBRFs shall maintain documentation of
tests and maintenance of the detection system.
(c) A CBRF shall receive approval from the department as required under s. 50.035 (2) (b), Stats., and s. DHS 83.63 (2)
before installing a smoke and heat detection system.
(2) RADIO−TRANSMITTING SMOKE AND HEAT DETECTION SYSTEM. A small CBRF may use an Underwriters Laboratories listed
a radio−transmitting detection system that triggers an alarm audible throughout the building and that is properly safeguarded against deactivation.
(3) TESTING. (a) After the first year following installation, fire detection systems shall be inspected, cleaned and tested annually
by certified or trained and qualified personnel in accordance with the specifications in NFPA 72 and the manufacturer’s specifications and procedures.
(b) Sensitivity testing shall be performed at intervals in accordance with NFPA 72.
(c) All smoke and heat detectors suspected of exposure to a fire
the condition shall be inspected, cleaned and tested by a certified or
the trained and qualified person within 5 days after each exposure 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.
(4) LOCATION. Pursuant to s. 50.035 (2) (b), Stats., all facilities shall have at least one smoke detector located at each of the following locations:
(a) At the top of every open stairway.
(b) On the hallway side of every enclosed stairway on each floor level.
(c) Spaced not more than 30 feet apart in every corridor, and not further than 15 feet from any wall or in accordance with the
manufacturer’s separation specifications.
(d) In each common use room, including a living room, dining room, family room, lounge and recreation room, but excluding a
kitchen, bathroom or laundry room.
(e) In each bedroom.
(f) In all non−resident living areas, except the furnace, bathroom, kitchen and laundry room.
(g) Additional smoke detectors shall be located where wall
projections from the ceiling or lintels exceed 8 inches.
(h) In the basement, or in each room of the basement except
a furnace or laundry room.
(5) CONNECTION AND ACTIVATION. Smoke detectors in or near
the living room of an apartment and smoke detectors in the bedrooms of an apartment shall be either connected to the main alarm
system or to a separate annunciator on a panel. If a separate
annunciator on a panel is used, there shall be an effective electronic means of notifying employees anywhere in the CBRF that
a detector has been activated. Smoke detectors under this subsection shall activate an alarm in all of the resident bedrooms and the
apartment.
(6) SPECIFIC LOCATIONS FOR HEAT DETECTORS. CBRFs 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:
(a) Kitchen.
(b) Attached garage.
(c) All enclosed compartments of the attic.
(d) Furnace room.
(e) Laundry room.
(7) SPECIAL EQUIPMENT FOR PERSONS WITH IMPAIRED HEARING
OR VISION. (a) Notification. If any resident with impaired hearing
or vision is unable to detect or respond to a fire emergency, the
licensee shall ensure the appropriate audio, visual or vibrating
notification alarms are installed in the resident’s bedroom, in or
near a living room in an apartment, and in each common area used
by the resident.
(b) Documentation. The sensory impairment of the resident
shall be noted in the resident’s record and communicated to all
employees within 3 days after admission or after determination of
the impairment is made.
(8) SPRINKLER SYSTEMS. (a) Types. A CBRF shall have a
sprinkler system if required under s. DHS 83.47 (1) (b) or 83.50.
The types of sprinkler systems to be used are as follows:
1. A complete NFPA 13D residential sprinkler system shall
be used in a CBRF licensed for 16 or fewer residents only when
each room or compartment in the CBRF requires no more than 2
sprinkler heads. When an NFPA 13D sprinkler system is used it
shall have a 30−minute water supply for at least 2 sprinkler heads.
Entrance foyers shall have sprinklers. The department may deterAgenda Item X.A – WI Chapter DHS 83 Regulations
167 DEPARTMENT OF HEALTH SERVICES DHS 83.50
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
mine an NFPA 13R residential sprinkler system shall be installed
in a CBRF with one or more rooms or compartments having an
unusually high ceiling, a vaulted ceiling, a ceiling with exposed
beams or other design or construction features that inhibit proper
water discharge when the square footage of each room or compartment in the CBRF would ordinarily allow an NFPA 13D sprinkler system.
2. A complete NFPA 13R residential sprinkler system shall
be used in a CBRF licensed for 16 or fewer residents when one or
more rooms or compartments in the CBRF require more than 2
sprinkler heads and not more than 4 sprinkler heads. A fire department connection is not required for an NFPA 13R sprinkler system.
3. A complete NFPA 13 automatic sprinkler system shall be
used in a CBRF licensed for more than 16 residents.
4. All sprinkler systems under subds. 1. to 3. installed after
January 1, 1997, shall be equipped with residential sprinkler
heads in all bedrooms, apartments, all other habitable rooms and
corridors.
5. All large facilities initially licensed on or after January 1,
1997, shall be protected by a complete automatic sprinkler system, except a class AA CBRF that has an equivalent safety system
approved by the department.
6. All large facilities initially licensed before January 1, 1997,
of non−fire resistive construction shall be protected by a complete
automatic sprinkler system, except a class AA CBRF that has an
equivalent safety system approved by the department.
(b) Installation and maintenance. 1. All sprinkler systems
shall be installed by a state licensed sprinkler contractor. All
sprinkler systems shall be maintained, inspected and tested at least
annually or at intervals determined by the requirements in NFPA
25.
2. In facilities with sprinklers, sprinkler heads shall be placed
at the top of each linen or trash chute and in the rooms where the
chutes terminates.
3. The sprinkler system flow alarm shall be connected to the
CBRF’s fire alarm system.
(c) Reliable water supply. All sprinkler systems shall have a
reliable water supply. If the sprinkler system requires a mechanical device such as a compressor, pump or motor, the device shall
be supplied by a reliable source of emergency power in accordance with NFPA 20.
(2) GENERAL REQUIREMENTS. Small class CA, small class CS
and small class CNA facilities constructed and licensed before
April 1, 2009, are exempt from the sprinkler system requirement
under s. DHS 83.48 (8) if all of the following requirements are
met:
(a) No more than 4 residents require a class CA, class CS or
class CNA CBRF.
(b) The bedroom and congregate dining and living area for any
resident requiring a class CA, class CS or class CNA who is blind
or not fully ambulatory shall be on the first floor. CBRFs serving
one or more non−ambulatory residents shall have 2 accessible
exits to grade.
(c) The CBRF is not located in a building which has more than
2 living units or has more than 2 stories.
(d) The requirements for a smoke and heat detection system
under s. DHS 83.48 (1) to (7) are met.
(e) The smoke detection system has a backup battery power
supply and is externally monitored so activation of the system
automatically results in notification of the local fire department.
Tape or voice type dialers are prohibited. Acceptable configurations for external monitoring are limited to any of the following:
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 is smoke separation between each floor level to prevent vertical movement of smoke.
(g) The emergency and disaster plan under s. DHS 83.47 (2)
(a) specifies evacuation of residents as the response to a fire. Horizontal evacuation, use of area of refuge or use of point of rescue
is prohibited. No resident may have an evacuation time, as determined under s. DHS 83.35 (5) that exceeds 2 minutes.
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09.
DHS 83.50 Minimum type of construction. (1) APPLICATION OF HABITABLE FLOOR DEFINITION. The number of habitable
floors in a CBRF shall determine the type of construction for each
class of licensure and when an automatic sprinkler system, combined with a smoke detection system, may substitute for the
required type of construction.
(2) MINIMUM TYPE OF CONSTRUCTION FOR EACH CLASS OF
LICENSURE. (a) A CBRF with 3 or fewer habitable floors shall
meet the construction requirements for class of licensure in Table
DHS 83.50 and as specified under subds. 1. to 3.
1. Construction Type IB means fire−resistive construction
consisting of exterior walls of concrete or masonry, floors and roof
of fireproofed steel or concrete and interior partitions of concrete
block or steel studs.
2. Construction Type IIA means metal frame protected construction consisting of structural parts and enclosing walls of
masonry in combination with other noncombustible material.
3. Construction Type VB means wood frame unprotected
construction consisting of exterior walls of wood studs covered,
for example, with metal or wood siding, brick, stone, slate, vinyl,
metal, or wood, wood floors and roof, and interior partitions of
wood stud and plaster or drywall.
Agenda Item X.A – WI Chapter DHS 83 Regulations
DHS 83.50 WISCONSIN ADMINISTRATIVE CODE 168
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
Table DHS 83.50
Minimum Type of Construction by Class of Licensure for Facilities with 3 or Fewer Habitable Floors
Number of Habitable
Floors
Class of Licensure
AA AS, ANA CA, CS, CNA
Construction Type Construction Type Construction Type
Non−Sprinklered Sprinklered Non−Sprinklered Sprinklered
1 VB VB VB IIA VB
2 VB VB VB IB VB
3 VB IB IIA IB IIA
Note: For information regarding types of construction see ch. SPS 361.
(b) For class AS and class ANA facilities, the bedrooms and
congregate dining and living area for blind, non−ambulatory,
semi−ambulatory or physically disabled residents shall be on the
first floor.
(c) A CBRF of any type of construction initially licensed for
a class CA, class CS or class CNA occupancy on or after January
1, 1997, shall have a sprinkler system under s. DHS 83.48 (8),
except as provided under s. DHS 83.49 (2).
(d) The third floor of a 3 story unprotected wood frame building may not be used for sleeping, eating, cooking or as habitable
rooms, unless the building is protected by a complete automatic
sprinkler system in accordance with NFPA 13, except that storage
or office space for the licensee or employees may be located on
that floor.
(e) Any CBRF that meets the requirement of type IB construction in Table DHS 83.50 and is not protected by a sprinkler system
shall have either an area of refuge under s. DHS 83.51 or be
approved by the department for horizontal evacuation under s.
DHS 83.59 (1) (b) on each floor without 2 grade level or ramped
exits when residents not capable of negotiating stairs without
assistance reside on the floor.
(f) A CBRF located in a building of more than 3 stories shall
be in compliance with requirements found in ch. SPS 361 and
shall be equipped with a complete automatic sprinkler system
under NFPA 13.
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09; CR 10−091:
am. (2) (a) 3. Register December 2010 No. 660, eff. 1−1−11; correction in (2) (f)
made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
DHS 83.51 Area of refuge. (1) A room to be used as an
area of refuge may not be a bedroom or a room for the private use
of any resident, other occupant, employee, or licensee.
(2) The area of refuge shall be constructed of fire resistive
construction rated for at least one−hour rated fire resistive construction. Whenever the room exits into an enclosed stairwell that
is required to be of more than one−hour fire resistive construction,
the room shall have the same fire−resistive construction, including the same doorway protection, as required for the adjacent
stairwell.
(3) Doors in the area of refuge shall be tight−fitting and smoke
and draft control assemblies having a fire−protection rating of at
least 45 minutes and shall be self−closing or automatic closing.
(a) A room to be used as an area of refuge shall have an exit
door directly to an exit enclosure such as a stairwell or fire escape
that leads directly outside.
(b) The door leading into the area of refuge from the residential
area shall be unlocked at all times. The door between the area of
refuge and an exit enclosure shall be equipped with hardware that
unlocks and opens with one hand and one motion from the area of
refuge side of the door.
(4) Each stairway adjacent to an area of refuge shall have a
minimum clear horizontal width of 4 feet between handrails.
(5) Two−way communication from the area of refuge and
identification of the area of refuge shall be provided.
(6) Each area of refuge shall have a space for each person
needing the area of refuge in an emergency as follows:
(a) At least 30 by 48 inches for each person who uses a wheelchair for mobility.
(b) At least 30 by 36 inches for each person who uses a walker,
cane or crutch for assistance in walking.
(c) At least 30 by 24 inches for each person who does not use
any assistive device for mobility or walking.
(7) The measurements under sub. (6) shall be determined after
deducting the space covered by the door swing if the swing is into
the area of refuge and the space needed for a passageway through
the area of refuge is at least 32 inches in width.
(8) The number of residents not able to negotiate stairs who
are housed on each floor level required to have an area of refuge
shall be limited to the number of spaces provided in the area of refuge on that floor.
(9) A CBRF with an area of refuge shall notify the local fire
department of the emergency evacuation plan, including the use
and location of each area of refuge, and the potential number of
residents and employees who would use each area of refuge.