Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.22 - Building requirements

Current through June 24, 2024
(1) COMPLIANCE WITH APPLICABLE CODES. A
				  residential care apartment complex shall comply with all applicable statutes,
				  rules and regulations.
Note: The Wisconsin department of safety and professional
					 services considers residential care apartment complexes to be multifamily
					 dwellings subject to the code in effect at the time of construction.
(2) APARTMENTS.
(a)
Independent apartments.
All living units in a residential care apartment complex shall be independent
				  apartments.
(b)
Physical
				  features.
Each independent apartment shall have at least the
				  following:
1. An individual lockable entrance
				  and exit. A single door may serve as both entrance and exit. Keys to the door
				  to the independent apartment and to the residential care apartment complex
				  shall be supplied to the tenant.
2.
				  A kitchen. The kitchen shall be a visually and functionally distinct area
				  within the apartment. The refrigerator shall have a freezer compartment. The
				  sink shall have hot and cold running water. The stove shall be designed so that
				  it can be disconnected, if necessary, for tenant safety.
3. An individual bathroom. The bathroom shall
				  not be shared with or accessed from any other living unit.
4. Sleeping and living areas. The sleeping
				  and living areas shall each be visually and functionally distinct areas within
				  the apartment but need not be separate rooms. These areas shall contain
				  sufficient space so that the tenant does not have to either sleep in the living
				  area or use the sleeping area for eating, socializing or other general living
				  uses and so that the tenant has the ability, if he or she so wishes, to arrange
				  furniture in a way that provides some visual privacy for the sleeping
				  area.
(c)
Size
				  and configuration.
1. Each apartment
				  shall contain a minimum of 250 square feet of interior floor space, excluding
				  closets.
2. Each independent
				  apartment shall be of adequate size and configuration to permit tenants to
				  carry out, with or without assistance, all the functions necessary for
				  independent living, including sleeping; sitting; dressing; personal hygiene;
				  storing, preparing, serving and eating food; storing clothing and other
				  personal possessions; doing personal correspondence and paperwork; and
				  entertaining visitors.
(d)
Multiple occupancy.
Multiple occupancy of an independent apartment shall be limited to a spouse or
				  a roommate chosen at the initiative of the tenant.
(e)
Variances.
1. In this paragraph, "variance" means
				  permission to meet a requirement by an alternative means. A variance granted
				  under this paragraph shall not exempt a facility from any other applicable
				  rule, regulation or ordinance.
2.
				  The department may grant a variance to the minimum floor space requirement
				  under par. (c) 1. provided that the variance does not reduce the minimum floor
				  space requirement under par. (c) 1. by more than 10%.
3. A variance may be granted only when a
				  building or portion of a building constructed or under construction prior to
				  the effective date of this rule is converted to a residential care apartment
				  complex and the variance does not adversely affect the ability of the
				  residential care apartment complex to meet the tenants' needs and does not
				  jeopardize the health, safety or independence of the tenants.
4. A request for a variance shall be
				  submitted to the department in writing and shall identify the requirement from
				  which the variance is requested, the justification for the variance, and the
				  alternative means by which the facility will meet the intent of the
				  requirement. The department shall respond in writing to a request for a
				  variance.
Note: A request for a variance should be sent to: Bureau of
					 Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851,
					 Madison, WI 53707.