(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.
(3) ACCESSIBILITY OF PUBLIC AND COMMON USE
AREAS. All public and common use areas of a residential care apartment complex
shall be accessible to and useable by tenants who use a wheelchair or other
mobility aid consistent with the accessibility standards contained in ch. SPS
362. All areas for tenant use within the facility shall be accessible from
indoors.
(4) DISTINCT PART
FACILITIES.
(a)
Physical and
programmatic separation. A residential care apartment complex shall be
both physically and programmatically distinct from any nursing home,
community-based residential facility or hospital to which it is attached or of
which it is a part.
Note: This does not require separation between a
residential care apartment complex and congregate housing, housing for the
elderly or other purely residential use. For example, residential care
apartment complex apartments may be interspersed with non-assisted living
apartment units in the same building and a residential care apartment complex
may share dining room and other common space with an attached apartment
building.
(b)
Physical separation. Tenants shall not be required to first
enter or pass through a portion of the health care facility or community-based
residential facility in order to enter a residential care apartment complex.
Similarly, people shall not be required to pass through the residential care
apartment complex in order to enter a health care facility or community-based
residential facility. A residential care apartment complex may share a common
lobby and access area of a multipurpose building and may be entered via
elevator from the lobby or access area. A dining room or activity area may be
shared, provided it is not scheduled for concurrent use by residents of the
health care facility or community-based residential facility and tenants of the
residential care apartment complex.
(c)
Program separation.
Residential care apartment complex services shall be made available in the
residential care apartment complex. Tenants of the residential care apartment
complex shall not be required to go to a community-based residential facility
or health care facility to receive supportive, personal or nursing services
included in the service agreement. Nor shall tenants of a health care facility
or community-based residential facility be required to receive services in a
residential care apartment complex.
Notes
Wis. Admin. Code Department
of Health Services
DHS 89.22
Cr. Register,
February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515,
eff. 12-1-98; correction in (3) made under s.
13.93(2m) (b)
7, Stats., Register December 2004 No. 588; correction in (3) made under s.
13.92(4) (b) 7,
Stats., Register January 2012 No. 673.
This requirement does not prohibit voluntary sharing of
activities; sharing of other services, such as physical therapy; sharing of
administrative functions; or sharing of the space devoted to such activities,
services or functions with the attached facility. Neither does it restrict
sharing of space or activities with congregate housing, housing for the elderly
or other purely residential uses.
