Section 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. 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.Wis. Admin. Code Department of Health Services § DHS 83.50
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.