Section 56.07. Physical environment.

 

(1)   General requirements.

(a) A foster home shall be so constructed, arranged and maintained that it is safe for all occupants, and the health of all occupants is safeguarded. The home shall be large enough and its living areas large enough for the number and ages of the foster children and other household members. The home shall have furnishings and equipment necessary to adequately accommodate the foster children and other persons living in the home. The property on which the foster home is situated, including all other buildings and structures on that property, shall be maintained in a state of good repair and in a sanitary condition so that it is safe for the occupants and their health is safeguarded.

(b) The licensing agency shall request fire, health, sanitation or safety officials to inspect the foster home or the entire premises when more expert opinion is necessary to help the agency evaluate the safety of the home.

(1m)   Exterior access. If necessary for a child to access the foster home where the child is placed, at least one entrance to the foster home shall be level or ramped in accordance with ch. SPS 362 and in a manner that provides safe access for the child.

(2)   Interior living area.

(a) An applicant applying on or after September 1, 1990, for an initial license to operate a foster home shall provide a minimum of 200 square feet of living area for each household member, including each foster child, unless a higher minimum is deemed necessary by the licensing agency to accommodate wheelchairs or other special equipment used by a foster child.

(b) Doorways and passageways to the common rooms of the foster home, a complete bathroom, and the child's bedroom shall meet standards relating to accessibility in ch. SPS 362 if either of the following apply:

1. The child uses a wheelchair.

2. The child has significant mobility limitations and is too big to be safely carried.

(3)   Bath and toilet facilities.

(a) An applicant for an initial license to operate a foster home or any licensee who changes the location of the foster home on or after September 1, 1990, shall provide at least one complete bathroom for every 8 household members including foster children. Bath and toilet facilities that are accessible only through a sleeping room may be counted only for the occupants of that room.

(b) The door of each bathroom shall have a lock that may be opened from the outside in an emergency.

(c) Bathrooms shall be located within the foster home.

(d) At least one bathroom shall be constructed in conformity with ch. SPS 362 if a foster child has physical disabilities that require special equipment or clear floor space.

(4)   Sleeping arrangements.

(a)

1. Each foster child shall be provided with a separate bed, except 2 related children of the same sex over the age of one and under 12 years of age may share a double or larger bed.

1m. Each infant child, birth to 12 months of age, shall sleep alone in a crib, bassinet, or playpen.

2. Each crib shall have crib slats that are securely fastened in place and are spaced no more than 2 3/8 inches apart. The mattress shall fit snugly so that there are no more than 1 ½ inches between the edge of the mattress and crib side. Crib sheets shall fit snugly to the mattress. Blankets used to cover the child shall be tucked tightly under the mattress and shall be kept away from the child's mouth and nose.

3. Each bed shall be large enough to be comfortable for the child, provide adequate body support and be equipped with a clean and comfortable mattress and with a waterproof covering when necessary. The foster child shall be provided blankets that are adequate for the season.

4. There shall be a minimum of 2 feet horizontally between beds except that between bunk beds there shall be a minimum of 5 feet.

5. For the top bed of a bunk bed, there shall be a minimum of 3 feet between the top of the mattress and the ceiling or any light or other fixture protruding from the ceiling above the bed.

6. A foster child under 4 years of age or who has a disability that limits mobility may not sleep on the top bed of a bunk bed.

7. A top bunk shall have a safety rail if occupied by a child under 8 years of age.

8. Triple-decked beds may not be used.

(b) No foster child one year of age or older may regularly share a bedroom with an adult unless a physician determines that it is medically necessary and the licensing agency approves.

(c) No foster child 6 years of age or older may regularly share a bedroom with another child of the opposite sex.

(d) Each bedroom occupied by a foster child shall have a minimum floor space of 40 square feet per child, unless the licensing agency determines a higher minimum is necessary to accommodate wheelchairs or other special equipment used by a foster child.

(e) No foster child may regularly sleep in any building, apartment or other structure on the premises which is separate from the foster home, nor may any foster child regularly sleep in an unfinished attic, an unfinished basement, a hallway or in any room normally used for purposes other than sleeping. No household member may regularly sleep in any of these places in order to accommodate the presence of the foster child.

(f) No foster child under the age of 7 years or a child with limited mobility or functioning may regularly sleep in a finished basement bedroom or in a bedroom above the second floor of a single family dwelling.

(g) No foster child 7 years of age or older may regularly sleep in a finished basement bedroom or in a bedroom above the second floor of a single family dwelling unless all of the following conditions are met:

1. There are 2 exits to grade from that floor level. Exits from a basement shall comply with s. SPS 321.03 (5) (b) and (6) .

2. Provision has been made for adequate heating, cooling, ventilation, and humidity control.

3. Access to and exit from these locations are appropriate given the child's ambulatory level and use of mechanical devices, such as wheelchairs and walkers.

(h) A responsible care provider shall sleep within call of foster children during the night. An exception may be granted only if the child is at least 16 years of age and the supervising agency gives its approval.

(i) Each bedroom occupied by a foster child shall have a door for privacy, a window that allows natural light to enter, and adequate ventilation.

(j) A sleeping room that someone must pass through to get to another part of the building may not be used for a foster child.

(k) A foster child may not regularly sleep in a room to which access can be gained only through another occupied sleeping room.

(L) No more than 4 children may regularly occupy one bedroom.

(5)   Telephone.

(a) A foster home shall have at least one operating telephone accessible to a child at all times when a child is present in the home.

(b) Emergency telephone numbers, including fire department, police, hospital, physician, poison control center and ambulance, shall be posted by each telephone in a foster home.

(c) A licensee shall notify the licensing and supervising agencies no later than the end of the next working day from the date that a foster home telephone number is changed.

(6)   Heating.

(a) A foster home shall have a heating system that is capable of maintaining a comfortable temperature of not less than 68 ° F., or 20 ° C., in living areas.

(b) No foster home may be maintained at any time at a temperature of less than 68 ° F., or 20 ° C., during waking hours or 58 ° F., or 14 ° C., during sleeping hours unless written approval has been obtained from the licensing agency.

(c) Unvented gas, oil or kerosene space heaters may not be used in a foster home.

(d)

1. All wood-burning or other alternative heating source equipment in a foster home, except a fireplace, shall be inspected by a fire safety expert at least biennially and certified as properly installed and maintained as defined by the manufacturer's recommendations or specifications or other standards utilized by the fire safety expert. The licensee shall forward documentation of compliance with this paragraph to the licensing agency. If required by the licensing agency, a fireplace shall also be inspected by a fire safety expert.

2. In the event that a fire safety expert will not inspect or will not document an inspection of wood-burning equipment, the applicant or licensee shall permit the licensing agency to conduct an inspection of the equipment or shall provide the licensing agency with a statement from the homeowner's or renter's insurance provider confirming the provider's knowledge of the wood-burning equipment in the home.

(e) No heating equipment may be located so that it blocks or hinders an exit from the foster home.

(7)   Storage. The licensee shall provide enough drawer and closet space to reasonably accommodate each foster child's clothing and other personal belongings.

(8)   Outdoor recreation and play space.

(a) Each foster home shall have available outdoor recreation and play space either on the premises or nearby.

(b) A licensing agency may require a licensee to erect a fence around an on-premises play area when nearby vehicle traffic, railroad tracks, a swimming pool, a lake, a pond or river or a similar hazard presents a threat to the safety of foster children.

(c) Any outdoor porch on a first floor that is more than 4 feet above grade or on or above the second floor of a foster home shall have a railing suitably designed to safeguard foster children who may be on the porch.

(9)   Maintenance and repair. The foster home, all other buildings and structures on the premises and all equipment and furnishings shall be maintained in a safe and proper state of repair. Broken, rundown, defective, inoperative or unsafe building parts, furnishings and equipment shall be promptly repaired, replaced or discarded.

(10)   Sanitation.

(a) The outside recreation and play space, furnishings, and equipment for a foster home shall be maintained in a clean and sanitary condition.

(b) Windows that are used for ventilation shall be screened.

CR 00-020 : cr. Register February 2002 No. 554 , eff. 3-1-02; correction in (4) (g) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576 ; EmR0937 : emerg. revisions as in CR 10-021 , eff. 1-1-10; CR 10-021 : am. (4) (a) 1., 2., (5) (a) and (6) (d) 1., cr. (4) (a) 1m. Register September 2010 No. 657 , eff. 10-1-10; EmR1050 : emerg. cr. (1m), (2) (b), (3) (d), renum. (2) to be (2) (a) and am., r. and recr. (4) (g), am. (4) (d), (i), (10) (a), eff. 1-1-11; CR 10-148 : cr. (1m), (2) (b), (3) (d), renum. (2) to be (2) (a) and am., r. and recr. (4) (g), am. (4) (d), (i), (10) (a) Register August 2011 No. 668 , eff. 9-1-11; corrections in (1m), (2) (b) intro.), (3) (d), (4) (g) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674 .