reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.22 - Task specific training

Current through June 24, 2024
The CBRF shall provide, obtain or otherwise ensure adequate
					 training for employees performing job duties in all of the following:
(1) ASSESSMENT OF RESIDENTS. All employees
				  responsible for resident assessment shall successfully complete training in the
				  assessment of residents prior to assuming these job duties. Specific training
				  topics shall include: assessment methodology, assessment of changes in
				  condition, sources of assessment information, and documentation of the
				  assessment.
(2) INDIVIDUAL SERVICE
				  PLAN DEVELOPMENT. All employees responsible for service plan development shall
				  successfully complete training in individual service plan development prior to
				  assuming these job duties. Specific training topics shall include:
				  identification of the resident's needs and desired outcomes, development of
				  goals and interventions, service plan evaluation and review of
				  progress.
(3) PROVISION OF PERSONAL
				  CARE. All employees responsible for providing assistance with activities of
				  daily living shall successfully complete training prior to assuming these job
				  duties. Specific training topics shall include, as appropriate: bathing,
				  eating, dressing, oral hygiene, nail and foot care, toileting and incontinence
				  care, positioning and body alignment, and mobility and transferring.
(4) DIETARY TRAINING. All employees
				  performing dietary duties shall complete dietary training within 90 days after
				  assuming these job duties. Specific training topics shall include: determining
				  nutritional needs, menu planning, food preparation and food
				  sanitation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.24 - Exemptions

Current through June 24, 2024
(1) EXEMPTIONS FOR COMPLETED TRAINING.
				  Employees who have completed department-approved training in standard
				  precautions, fire safety, first aid and choking, and medication administration
				  and management prior to or on April 1, 2009, or who receive such training
				  within one year after April 1, 2009, shall be exempt from the training
				  specified under s.
				  DHS 83.20
				  (2).
(2) GENERAL EXEMPTIONS. A practitioner,
				  licensed pharmacist, registered nurse or licensed practical nurse is exempt
				  from training specified in ss.
				  DHS 83.20 (2) (a), (c)
				  and (d),
				  83.21
				  and
				  83.22.
(3) EXEMPTIONS FROM STANDARD PRECAUTIONS
				  TRAINING. Except as stated in subs. (1) and (2), the following individuals are
				  exempt from training in standard precautions:
(a) Emergency medical services
				  practitioners.
(b) Employees who
				  can provide documentation that they have had training from a regulated health
				  care entity in the practice of standard precautions within the previous
				  year.
(c) A nurse aide certified
				  after 1999 and in good standing on the Wisconsin Nurse Aide Registry.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.25 - Continuing education

Current through June 24, 2024
The administrator and resident care staff shall receive at
					 least 15 hours per calendar year of continuing education beginning with the
					 first full calendar year of employment. Continuing education shall be relevant
					 to the job responsibilities and shall include, at a minimum, all of the
					 following:
(1) Standard
				  precautions.
(2) Client group
				  related training.
(3)
				  Medications.
(4) Resident
				  rights.
(5) Prevention and
				  reporting of abuse, neglect and misappropriation.
(6) Fire safety and emergency procedures,
				  including first aid.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.26 - Documentation

Current through June 24, 2024
(1) The CBRF shall maintain documentation of
				  all employee training under s.
				  DHS 83.21
				  and task specific training under s.
				  DHS 83.22
				  and shall include the name of the employee, the name of the instructor, the
				  dates of training, a description of the course content, and the length of the
				  training.
(2) Employee orientation
				  and hours of continuing education shall be documented in the employee's
				  file.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter V - Admission, Retention and Discharge › Section DHS 83.27 - Limitations on admissions and retentions

Current through June 24, 2024
(1) LICENSE
				  CAPACITY.
(a) No CBRF may have more
				  residents, including respite care residents, than the maximum bed capacity on
				  its license.
(b) The CBRF may not
				  have more than 4 residents, or 10% of the licensed capacity, whichever is
				  greater, who need more than 3 hours of nursing care per week or care above
				  intermediate level nursing care for not more than 30 days unless the facility
				  has obtained a waiver from the department or the department has received a
				  request for a waiver from the CBRF and the department's decision is
				  pending.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter V - Admission, Retention and Discharge › Section DHS 83.28 - Admission procedures

Current through June 24, 2024
(1) ASSESSMENT. The CBRF shall assess each
				  resident before admission as required under s.
				  DHS
				  83.35(1).
(2) SERVICES AND CHARGES. Before or at the
				  time of admission, the CBRF shall provide written information regarding
				  services available and charges for those services as required in s.
				  DHS
				  83.29(1).
(3) ADMISSION AGREEMENT. Before or at the
				  time of admission, the CBRF shall provide the admission agreement as required
				  under s.
				  DHS
				  83.29(2).
(4) HEALTH SCREENING.
(a)
Resident health
				  screening.
1. Within 90 days before
				  or 7 days after admission, a physician, physician assistant, clinical nurse
				  practitioner or a licensed registered nurse shall screen each person admitted
				  to the CBRF for clinically apparent communicable disease, including
				  tuberculosis, and document the results of the screening.
2. Screening for tuberculosis and all
				  immunizations shall be conducted using centers for disease control and
				  prevention standards.
3. The CBRF
				  shall maintain the screening documentation in each resident's record.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter V - Admission, Retention and Discharge › Section DHS 83.29 - Admission agreement

Current through June 24, 2024
(1) SERVICES AND CHARGES.
(a)
Definition.
In this
				  section, "entrance fee" means a payment required for admission to the CBRF that
				  is in addition to the fees for services and security deposit.
(b)
Written information regarding
				  services and charges.
Before or at the time of admission, the CBRF
				  shall provide written information regarding services available and the charges
				  for those services to each resident, including persons admitted for respite
				  care, or the resident's legal representative. This information shall include
				  any charges for services not covered by the daily or monthly rate, any entrance
				  fees, assessment fees and security deposit.
(c)
Written notice of any change in
				  services or in charges.
The CBRF shall give the resident or the
				  resident's legal representative a 30-day written notice of any change in
				  services available or in charges for services that will be in effect for more
				  than 30 days.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter V - Admission, Retention and Discharge › Section DHS 83.30 - Family care information and referral

Current through June 24, 2024
If the secretary of the department has certified that a
					 resource center, as defined under s.
					 DHS 10.13
					 (42), is available for the facility under s.
					 DHS
					 10.71, the CBRF shall provide information to
					 prospective residents and refer residents and prospective residents to an aging
					 and disability resource center as required under s.
					 50.035 (4m) and
					 (4n), Stats., and s.
					 DHS
					 10.73.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter V - Admission, Retention and Discharge › Section DHS 83.31 - Discharge or transfer

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				  all resident discharges except for persons in respite care.
(2) EMERGENCY OR TEMPORARY TRANSFERS. If a
				  condition or action of a resident requires the emergency transfer of the
				  resident to a hospital, nursing home or other facility for treatment not
				  available from the CBRF, the CBRF may not involuntarily discharge the resident
				  unless the requirements under sub. (4) are met.
(3) DISCHARGE OR TRANSFER INITIATED BY
				  RESIDENT.
(a) Any competent resident may
				  initiate transfer or discharge at any time in accordance with the terms of the
				  admission agreement if the resident is not in the custody of a government
				  correctional agency, committed under s.
				  51.20,
				  Stats., or under a court-ordered protective placement under s.
				  55.12,
				  Stats.
(b) If a resident found
				  incompetent under ch. 54, Stats., protests the resident's admission or
				  continued stay, the licensee or designee shall immediately notify the legal
				  representative and the county protective services agency to obtain a
				  determination about whether to discharge the resident under s.
				  55.055(3),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VI - Resident Rights and Protections › Section DHS 83.32 - Rights of residents

Current through June 24, 2024
(1) LEGAL RIGHTS.
(a) Section
				  50.09,
				  Stats., establishes specific rights for CBRF residents and prescribes
				  mechanisms to resolve resident complaints and to hold the CBRF licensee
				  accountable for violating resident rights. Other statutes, such as s.
				  51.61 and chs.
				  54, 55, 155 and 304, Stats., and ch. DHS 94 may further clarify or condition a
				  particular resident's right, depending on the legal status of the resident or a
				  service received by the resident. The licensee shall comply with all applicable
				  statutes and rules.
(b) The
				  licensee shall protect the civil rights of residents as these rights are
				  defined in the U.S. Constitution, the Wisconsin Constitution, the Civil Rights
				  Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the
				  Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, the
				  Americans with Disabilities Act of 1990, and all other applicable federal and
				  state statutes.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VI - Resident Rights and Protections › Section DHS 83.33 - Grievance procedure

Current through June 24, 2024
(1) A CBRF shall have a written grievance
				  procedure and shall provide a copy to each resident and the resident's legal
				  representative before or at the time of admission. The grievance procedure
				  shall specify all of the following:
(a) A
				  resident or any individual on behalf of the resident may file a grievance with
				  the CBRF, the department, the resident's case manager, if any, the board on
				  aging and long term care, Disability Rights Wisconsin, Inc., or any other
				  organization providing advocacy assistance. The resident and the resident's
				  legal representative shall have the right to advocate throughout the grievance
				  procedure. The written grievance procedure shall include the name, address and
				  phone number of organizations providing advocacy for the client groups served,
				  and the name, address and phone number of the department's regional office that
				  licenses the CBRF.
(b) Any person
				  investigating the facts associated with a grievance shall not have had any
				  involvement in the issue leading to the grievance.
(c) Any form of coercion to discourage or
				  prevent any individual from filing a grievance or in retaliation for having
				  filed a grievance is prohibited.
(d) The CBRF shall provide a written summary
				  of the grievance, the findings and the conclusions and any action taken to the
				  resident or the resident's legal representative and the resident's case
				  manager. The CBRF shall maintain a copy of the investigation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VI - Resident Rights and Protections › Section DHS 83.34 - Resident funds

Current through June 24, 2024
(1) AUTHORIZATION. Except for a resident in
				  the custody of a government correctional agency, the CBRF may not obtain, hold,
				  or spend a resident's funds without written authorization from the resident or
				  the resident's legal representative. The resident or the resident's legal
				  representative may limit or revoke authorization at any time by writing a
				  statement that shall specify the effective date of the limitation or
				  revocation.
(2) FUNDS UNDER $200.
(a) Upon written authorization, a CBRF may
				  hold no more than $200 cash for use by the resident. The CBRF may not commingle
				  residents' funds with the funds or property of the CBRF, the licensee,
				  employees, or relatives of the licensee or employees.
(b) The CBRF shall have a legible, accurate
				  accounting method for tracking residents' cash and shall include a record of
				  any deposits, disbursements and earnings made to or on behalf of the resident.
				  The CBRF shall provide a receipt to the resident or the resident's legal
				  representative for all expenditures in excess of $20.
(c) The CBRF shall provide a written report
				  of the resident's account to the resident or the resident's legal
				  representative at least every 6 months. Upon written request from the resident
				  or resident's legal representative, the CBRF shall provide a written monthly
				  account of any financial transactions.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VII - Resident Care and Services › Section DHS 83.35 - Assessment, individual service plan and evaluations

Current through June 24, 2024
(1) ASSESSMENT.
(a)
Scope.
The CBRF shall
				  assess each resident's needs, abilities, and physical and mental condition
				  before admitting the person to the CBRF, when there is a change in needs,
				  abilities or condition, and at least annually. The assessment shall include all
				  areas listed under par. (c). This requirement includes individuals receiving
				  respite care in the CBRF. For emergency admissions the CBRF shall conduct the
				  assessment within 5 days after admission.
(b)
Information gathering.
The CBRF shall base the assessment on the current diagnostic, medical and
				  social history obtained from the person's health care providers, case manager
				  and other service providers. Other service providers may include a
				  psychiatrist, psychologist, licensed therapist, counselor, occupational
				  therapist, physical therapist, pharmacist or registered nurse. The
				  administrator or designee shall hold a face-to-face interview with the person
				  and the person's legal representative, if any, and family members, as
				  appropriate, to determine what the person views as his or her needs, abilities,
				  interests, and expectations.
(c)
Areas of assessment.
The assessment, at a minimum, shall
				  include all of the following areas applicable to the resident:
1. Physical health, including identification
				  of chronic, short-term and recurring illnesses, oral health, physical
				  disabilities, mobility status and the need for any restorative or
				  rehabilitative care.
2. Medications
				  the resident takes and the resident's ability to control and self-administer
				  medications.
3. Presence and
				  intensity of pain.
4. Nursing
				  procedures the resident needs and the number of hours per week of nursing care
				  the resident needs.
5. Mental and
				  emotional health, including the resident's self-concept, motivation and
				  attitudes, symptoms of mental illness and participation in treatment and
				  programming.
6. Behavior patterns
				  that are or may be harmful to the resident or other persons, including
				  destruction of property.
7. Risks,
				  including, choking, falling, and elopement.
8. Capacity for self-care, including the need
				  for any personal care services, adaptive equipment or training.
9. Capacity for self-direction, including the
				  ability to make decisions, to act independently and to make wants or needs
				  known.
10. Social participation,
				  including interpersonal relationships, communication skills, leisure time
				  activities, family and community contacts and vocational needs.
(d)
Assessment
				  documentation.
The CBRF shall prepare a written report of the results
				  of the assessment and shall retain the assessment in the resident's
				  record.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VII - Resident Care and Services › Section DHS 83.36 - Staffing requirements

Current through June 24, 2024
(1) ADEQUATE STAFFING.
(a) The CBRF shall provide employees in
				  sufficient numbers on a 24-hour basis to meet the needs of the
				  residents.
(b) The CBRF shall
				  ensure all of the following:
1. An
				  administrator or other designated qualified resident care staff in charge is on
				  the premises of the CBRF daily to ensure the CBRF is providing safe and
				  adequate care, treatment and services.
2. At least one qualified resident care staff
				  is present in the CBRF when one or more residents are present in the
				  CBRF.
3. At least one qualified
				  resident care staff is on duty and awake if at least one resident in the CBRF
				  is in need of supervision, intervention or services on a 24-hour basis to
				  prevent, control or improve the resident's constant or intermittent mental or
				  physical condition that may occur or may become critical at any time including
				  residents who are at risk of elopement, who have dementia, who are
				  self-abusive, who become agitated or emotionally upset or who have changing or
				  unstable health conditions that require close monitoring.
4. At least one qualified resident care staff
				  is on duty and awake if the evacuation capability of at least one resident is 4
				  minutes or more.
(c)
				  When all of the residents are away from the CBRF, at least one qualified
				  resident care staff shall be on call to provide coverage if a resident needs to
				  return to the CBRF before the regularly scheduled return time. The CBRF shall
				  provide each resident or the off-site location a means of contacting the
				  resident care staff who is on call.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VII - Resident Care and Services › Section DHS 83.39 - Infection control program

Current through June 24, 2024
(1) The licensee
				  shall establish and follow an infection control program based on current
				  standards of practice to prevent the development and transmission of
				  communicable disease and infection.
(2) The infection control program shall
				  include written policies and training for employees.
(3) Employees shall follow hand washing
				  procedures according to centers for disease control and prevention
				  standards.
(4) Other occupants
				  shall comply with infection control requirements as stated in s.
				  DHS
				  83.17(2).
(5) The CBRF shall ensure that pets are
				  vaccinated against diseases, including rabies, if appropriate.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VII - Resident Care and Services › Section DHS 83.40 - Oxygen storage

Current through June 24, 2024
Oxygen storage shall be in an area that is well ventilated
					 and safe from environmental hazards, tampering, or the chance of accidental
					 damage to the valve stem. If oxygen cylinders are in use, oxygen cylinders
					 shall be secured in an upright position. If stored upright, cylinders must be
					 secured. If stored horizontally, cylinders shall be on a level surface where
					 they will remain stationary.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VII - Resident Care and Services › Section DHS 83.41 - Food service

Current through June 24, 2024
(1) GENERAL REQUIREMENTS.
(a)
Food supply.
1. The CBRF shall maintain a food supply that
				  is adequate to meet the needs of the residents.
2. Food shall be obtained from acceptable
				  sources.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VIII - Physical Environment › Section DHS 83.43 - Furnishings and equipment

Current through June 24, 2024
(1) ENVIRONMENT.
				  The CBRF shall provide a living environment that is safe, clean, comfortable,
				  and homelike. All common dining and living areas shall contain furnishings
				  appropriate to the intended use of the room.
(2) BEDROOM FURNISHINGS. If a resident does
				  not provide the resident's own bedroom furnishings, the CBRF shall provide all
				  of the following:
(a) A bed of proper size to
				  ensure the resident's comfort.
(b)
				  A clean, comfortable mattress covered with a mattress pad and when necessary,
				  waterproof covering.
(c) A clean,
				  comfortable pillow, bedspread and blankets adequate for the season.
(d) Clean sheets, pillowcases, towels and
				  washcloths adequate to meet the needs of the resident.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VIII - Physical Environment › Section DHS 83.44 - Housekeeping services

Current through June 24, 2024
(1) LAUNDRY.
(a)
Laundry area.
The CBRF
				  shall make an adequate number of laundry appliances available to residents who
				  choose to do their own laundry. The CBRF shall have a laundry area to sort,
				  process and store clean and soiled laundry and shall handle clean and soiled
				  laundry so as to prevent the spread of infection.
(b)
Storage and transport.
The CBRF shall have separate clean and dirty laundry storage areas or
				  containers. Storage containers shall be clean, leak-proof and have a tight
				  fitting lid. The CBRF may not transport, wash or rinse soiled laundry in areas
				  used for food preparation, serving or storage.
(c)
Clothes dryers.
The CBRF
				  shall enclose any clothes dryer having a rated capacity of more than 37,000
				  Btu/hour in a one-hour fire resistive rated enclosure. If the clothes dryer
				  requires a vent, the CBRF shall use dryer vent tubing that is of rigid material
				  with a fire rating that exceeds the temperature rating of the dryer. The dryer
				  vent tubing shall be clean and maintained.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VIII - Physical Environment › Section DHS 83.45 - Building maintenance and site

Current through June 24, 2024
(1) MAINTENANCE.
(a)
Exterior areas.
The CBRF
				  shall maintain the yard, any fences, sidewalks, driveways and parking areas of
				  the CBRF in good repair and free of hazards.
(b)
Building integrity.
The
				  CBRF shall be structurally sound without visible evidence of structural failure
				  or deterioration and shall be maintained in good repair.
(c)
Surface drainage.
The
				  CBRF shall ensure that each courtyard, yard or other area on the premises of
				  the CBRF is drained or graded to divert water away from the building.
(d)
Hazards.
The CBRF shall
				  maintain each building in good repair and free of hazards.
(e)
Systems.
The CBRF shall
				  maintain all electrical, mechanical, water supply, plumbing, fire protection
				  and sewage disposal systems in a safe and functioning condition.
(f)
Furnishings.
The CBRF
				  shall keep all furnishings clean, safe, and maintained in good
				  repair.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter VIII - Physical Environment › Section DHS 83.46 - Building support systems

Current through June 24, 2024
(1) HEATING.
(a) A CBRF shall maintain comfortable and
				  safe temperatures. The CBRF shall provide tempered air at all times to
				  eliminate cold air drafts. The heating system shall be capable of maintaining
				  temperatures of 74º F. in areas occupied by residents.
(b) The use of portable space heaters is
				  prohibited except for Underwriters Laboratories listed electric heating
				  equipment that is listed for permanent attachment to the wall. Portable space
				  heaters shall have an automatic thermostatic control and shall be physically
				  attached to a wall.
(c) The CBRF
				  shall maintain the heating system in a safe and properly functioning condition.
				  The CBRF shall ensure that a heating contractor or local utility company
				  completes all of the following maintenance and makes available to the facility
				  documentation of the maintenance performed:
1.
				  An oil furnace shall be serviced at least once each year.
2. A gas furnace shall be serviced at least
				  once every 3 years.
3. The CBRF
				  shall have a chimney inspected at intervals corresponding with the heating
				  system service under subd. 1. or 2.
(d) The CBRF may not use a fuel-fired heater
				  on the premises of the CBRF unless the heater is properly vented to the
				  outside.
(e) Any wood burning stove
				  or fireplace shall have a flue separate from the flue used by a gas or oil
				  fired furnace or boiler. The entire installation shall meet the requirements in
				  NFPA 211. The CBRF shall have the wood burning or fireplace flue cleaned as
				  often as necessary, but at least 2 times during each heating season. The CBRF
				  shall make available documentation of the maintenance performed.
(f) Combustible materials shall not be placed
				  within 3 feet of any furnace, boiler, water heater, fireplace or other similar
				  equipment.
(g) The CBRF shall
				  enclose any other open flame combustible fuel-burning device within a one hour
				  fire rated assembly when sharing a common floor with a habitable room. A
				  direct-vent appliance is exempt from this requirement.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IX - Safety › Section DHS 83.47 - Fire safety requirements

Current through June 24, 2024
(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).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IX - Safety › Section DHS 83.48 - Fire protection systems

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IX - Safety › Section DHS 83.49 - Alternative requirements to a sprinkler system in a small class C CBRF

Current through June 24, 2024
(1) 5-YEAR
				  DELAY. Existing small class CA, small class CS and small class CNA CBRFs using
				  the exemption under sub. (2) shall have a complete sprinkler system as required
				  under s.
				  DHS
				  83.48(8) within 5 years of April 1,
				  2009.
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IX - Safety › Section DHS 83.50 - Minimum type of construction

Current through June 24, 2024
(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.
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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IX - Safety › Section DHS 83.51 - Area of refuge

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.52 - Common dining and living space

Current through June 24, 2024
(1) SPACE PER
				  RESIDENT.
(a) The minimum common dining and
				  living space shall be 60 square feet per ambulatory or semi-ambulatory resident
				  or other occupant, and 90 square feet per non-ambulatory resident or other
				  occupant.
(b) For each resident
				  apartment, the CBRF may apply 25% of the total floor space of the habitable
				  rooms in the apartment, not including bedroom or bathroom floor space, toward
				  the required congregate dining and living area requirement under par. (a), but
				  may not exceed 30 square feet per resident.
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.54 - Resident bedrooms

Current through June 24, 2024
(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 enclose resident 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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.55 - Bath and toilet areas

Current through June 24, 2024
(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 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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.56 - Day care

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.57 - Multiple occupancies

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.58 - Garages and utility buildings

Current through June 24, 2024
(1) ATTACHED
				  GARAGE.
(a) Common walls between a CBRF 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 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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.59 - Exits and passageways

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.60 - Windows

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter X - Building Design › Section DHS 83.61 - Interior surfaces

Current through June 24, 2024
(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.