Wis. Admin. Code DHS § DHS 82.05

Current through October 28, 2024
Section DHS 82.05 - Home
(1) LOCATION AND ACCESS TO THE COMMUNITY. Adult family homes shall be physically located so that residents can easily get to community activities and supportive services by walking or by means of convenient private or public transportation, or the sponsor shall ensure that residents receive the assistance necessary to enable them to get to these activities and services.
(2) RESIDENT ACCESS TO THE HOME AND WITHIN THE HOME. The adult family home shall be physically accessible to all residents of the home. Residents shall be able to easily enter and exit the home, to get to their sleeping rooms and to all common living areas in the home and to easily move about in the home.
(3) HOME ENVIRONMENT.
(a) The adult family home shall be safe, clean and well maintained and shall provide a humane and homelike environment.
(b) The home shall be free from hazards and kept uncluttered and free of dangerous substances, insects and rodents.
(c) The home shall have adequate, safe and functioning heating, hot and cold water, fire protection, electrical, plumbing, sewerage and lighting systems.
(d) The home shall have adequate and functioning support services, including refuse removal and access to laundry facilities.
(e) The home shall have adequate ventilation. There shall be at least one window which is capable of being opened to the outside in each resident sleeping room and each common room used by residents. Windows used for ventilation shall be screened during appropriate seasons of the year.
(f) The home shall have sufficient space to accommodate all household activities and members comfortably as follows:
1. There shall be distinct living and sleeping areas separated by permanent solid walls;
2. There shall be at least one bathroom with at least one sink, stool and shower or tub for every 8 household members and sufficient towel rack space for each household member. The door of each bathroom shall have a lock which can be opened from the outside in an emergency;
3. A resident's bedroom shall provide comfort and privacy, shall have a swing door or a pocket door which is stored in a wall when opened, and may accommodate no more than 2 persons. No residents may regularly sleep in a basement bedroom or in a bedroom above the second floor of a single family dwelling unless there are 2 exits to the grade from that floor level. The bedroom shall have a floor area of at least 60 square feet per occupant. An exception under s. DHS 82.03(5) to this standard is not permitted unless all of the following apply:
a. The resident occupied the space for which the exception is requested when the home was licensed under s. 48.62, Stats., and ch. DCF 56;
b. There is no alternative space in the home that meets these requirements and the exception is necessary to retain the resident's placement;
c. Any adult resident for whom the exception is requested has not replaced a former resident on a permanent basis;
d. Any resident for whom the exception is requested and that person's guardian, if any, has been informed by the service coordinator of alternative placements available at the time the sponsor requests the exception and consents to a floor area of less than 60 square feet in order to retain this placement; and
e. The service coordinator and administrator of the county agency that employs or contracts with the service coordinator approve the exception.
4. A resident's bedroom may not be used by anyone else to get to any other part of the home except for access to an additional bathroom which is not required to meet the standard under subd. 2.;
5. There shall be sufficient space and equipment in the kitchen for the sanitary preparation and storage of food;
6. The dining room or area shall be large enough so that all household members may dine together; and
7. Each resident shall be provided conveniently located individual storage space sufficient for hanging clothes and for storing clothing, toilet articles and other personal belongings.
(g) The home shall have clean, functioning and safe household items and furnishings, including:
1. A separate bed for each resident. The bed shall be clean, in good condition and of proper size and height for the comfort of the resident; and
2. Appropriate bedding and linens that are maintained in a clean condition.
(h) The home shall provide for physical and emotional privacy for each resident. Under this paragraph, "physical and emotional privacy" means reasonable privacy in toileting and bathing; keeping and using personal clothing and possessions; having reasonable privacy in one's room, or in other personally assigned areas; and being free from searches of personal belongings without the resident's permission or permission of the resident's guardian, unless the sponsor has reasonable cause to suspect that the resident possesses items which are illegal or prohibited by the sponsor and the resident is present during the room search.
(i) Residents shall be permitted to choose individual room decorations within reason.
(4) FIRE SAFETY.
(a) Every adult family home shall be equipped with one or more fire extinguishers on each floor. Each required fire extinguisher shall have a minimum 2A, 10-B-C rating. All required fire extinguishers shall be mounted. A fire extinguisher is required at the head of each stairway and in or near the kitchen except that a single fire extinguisher located in close proximity to the kitchen and the head of a stairway may be used to meet the requirement for an extinguisher at each location. Each required fire extinguisher shall be maintained in readily usable condition and shall be inspected annually by the certifying agency.
(b)
1. Every adult family home shall be equipped with one or more single station battery operated, electrically interconnected or radio signal emitting smoke detectors on each floor level. Required smoke detectors shall be located at the head of each open stairway, at the door leading to every enclosed stairway, on the ceiling of the living or family room and on the ceiling of each sleeping room in which smoking is allowed.
2. The sponsor shall maintain each required smoke detector in working condition and test each smoke detector periodically to make sure that it is operating. The sponsor shall immediately repair or replace any unit found to be not operating.
(c) The first floor of the home shall have at least 2 means of exiting which provide unobstructed access to the outside.
(d) The sponsor shall have a written plan for the immediate and safe evacuation of the home in the event of a fire. The plan shall identify an external meeting place.
(e) The sponsor shall review the fire safety evacuation plan with each new resident immediately following placement and shall conduct semi-annual fire drills with all household members.
(f) The sponsor shall report to the certifying agency within 72 hours after the event the occurrence of a fire in the home which required the assistance of the fire department.
(5) TELEPHONE. The home shall have at least one telephone in working order which does not require a coin to operate. Residents shall have reasonable access to a phone and be permitted to make any call which they wish and can afford. Emergency telephone numbers, including numbers for the fire department, police, hospital, physician, poison control center and ambulance, shall be located on or near each telephone.
(6) HOUSEHOLD PETS. The home shall maintain vaccinations on pets that are vulnerable to rabies. Pets that pose a threat or hazard to the health, safety or well-being of household members are prohibited.

Wis. Admin. Code Department of Health Services DHS 82.05

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (3) (f) 3. a. made under s. 13.93(2m) (b) 7, Stats., Register December 2004 No. 588; correction in (3) (f) 3. a. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.