Wisconsin § 50.035 - Special provisions relating to regulation of community-based residential facilities.

§ 50.035. Special provisions relating to regulation of community-based residential facilities.

50.035(1) (1) Personnel training. 50.035(1)(a) (a) Each employee of a community-based residential facility shall, within 90 days after the beginning date of employment, receive basic first aid training and other safety training. The department shall indicate acceptable sources from which facility employees may receive this training. The department shall also develop instructional materials for use by facilities concerning acceptable methods of operation and procedures for protecting and serving the needs of facility residents. The department may require that all facility employees complete a program involving these materials and may sell the materials to facilities at cost. 50.035(1)(b) (b) Each employee of a community-based residential facility shall, within 90 days after the beginning date of employment, receive training in fire prevention and control and evacuation techniques. Each facility shall coordinate its training in fire prevention and control and evacuation techniques with the local fire department. 50.035(1)(c) (c) Each employee of a community-based residential facility who has regular, direct contact with facility residents who are on probation, extended supervision, or parole shall, within 60 days after the beginning date of employment and at least every 2 years thereafter, receive training on identifying and preventing human trafficking crimes, as defined in s. 165.505 (1) (am) . The training required under this paragraph shall include at least all of the following: 50.035(1)(c)1. 1. The definitions of human trafficking and the commercial exploitation of children. 50.035(1)(c)2. 2. Guidance on how to identify individuals who are most at risk for human trafficking. 50.035(1)(c)3. 3. The difference between labor trafficking and sex trafficking. 50.035(2) (2) Fire protection. 50.035(2)(a) (a) 50.035(2)(a)1. 1. Except as provided in subd. 2. , each community-based residential facility shall provide, at a minimum, a low-voltage interconnected smoke detection system to protect the entire facility that, if any detector is activated, either triggers alarms throughout the building or triggers an alarm located centrally. 50.035(2)(a)2. 2. A community-based residential facility that has 8 or less beds may use a radio-transmitting smoke detection system that triggers an audible alarm in a central area of the facility in lieu of the interconnected smoke detection system specified in subd. 1. 50.035(2)(a)3. 3. The department or the department of safety and professional services may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision. 50.035(2)(b) (b) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of safety and professional services. At least one smoke detector shall be located at each of the following locations: 50.035(2)(b)1. 1. At the head of every open stairway. 50.035(2)(b)2. 2. At the door leading to every enclosed stairway on each floor level. 50.035(2)(b)3. 3. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall. 50.035(2)(b)4. 4. In each common use room, including living rooms, dining rooms, family rooms, lounges and recreation rooms but not including kitchens. 50.035(2)(b)5. 5. In each sleeping room in which smoking is allowed. 50.035(2)(c) (c) A community-based residential facility does not have to meet the requirements under pars. (a) and (b) prior to May 1, 1985. Beginning on May 1, 1985, the department may waive the requirements under pars. (a) and (b) for a community-based residential facility for a period not to exceed 6 months if the department finds that compliance with those requirements would result in an extreme hardship for the facility. 50.035(2d) (2d) Accompaniment or visitation. If a community-based residential facility has a policy on who may accompany or visit a patient, the community-based residential facility shall extend the same right of accompaniment or visitation to a patient’s domestic partner under ch. 770 as is accorded the spouse of a patient under the policy. 50.035(3) (3) Manager’s presence in facility. 50.035(3)(a) (a) The person responsible for managing a Class C community-based residential facility, or that person’s agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A community-based residential facility, or that person’s agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility. 50.035(3)(b) (b) The department may waive a requirement under par. (a) for a community-based residential facility: 50.035(3)(b)1. 1. For a specified period of time, not to exceed one year, if the department finds that compliance with the requirement would result in an unreasonable hardship for the facility and that all of the residents are physically and mentally capable of taking independent action in an emergency; or 50.035(3)(b)2. 2. For a specified period of time if the department finds that the primary purpose of the facility’s program is to promote the independent functioning of its residents with minimum supervision. 50.035(4) (4) Fire notice. The licensee of a community-based residential facility, or his or her designee, shall notify the department and any county department under s.