Wis. Admin. Code Department of Administration Adm 92.04

Current through October 28, 2024

Section Adm 92.04 - Decent, safe, and sanitary housing

(1) PURPOSE. The following minimum housing standards are to assure that housing quality is adequate for the protection of public health, safety and welfare. They shall be applicable for all dwellings selected for comparable replacement housing payment determinations, referrals to displaced persons and to which persons move.

(2) MINIMUM REQUIREMENT. A decent, safe and sanitary dwelling conforms with applicable provisions for existing structures established under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations, and meets the following minimum requirements:

(a)Water. A dwelling shall have a continuing and adequate supply of water suitable for drinking.

(b)Kitchen. A dwelling shall have a room or portion of a room where food is normally prepared and cooked and is equipped with:

1. A kitchen sink in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.

2. Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils, and food that does not ordinarily require refrigeration for safekeeping. The cabinets or shelves shall be of sound construction with surfaces that are easily cleaned and have no toxic or noxious effect on food.

3. Sufficient space and utility service connections for installation of a stove and refrigerator.

(c)Heating system. A dwelling shall have a safe, good working and properly installed heating system capable of heating all habitable rooms to approximately 70° F. Unvented fuel-fired flame space heaters and furnaces shall be prohibited. Portable electric heaters approved under appropriate local and state codes are acceptable.

(d)Bathroom facility. A dwelling shall contain the following:

1. A private, nonhabitable room with a properly working flush toilet connected to a water system with sufficient water, and to an approved sewer system.

2. A room with a lavatory sink. A sink may be in the same room as a toilet. If a sink is located in a room other than the one with a toilet, the toilet shall be near a door leading directly into the room with a sink. A sink shall be in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.

3. A private room with a bathtub or shower. A bathtub or shower may be in the same room as a flush toilet, a room with a lavatory sink, or in another room and shall be connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.

(e)Electric service. A dwelling unit and public and common areas shall be supplied with electric service, wiring, outlets and fixtures which are properly installed, and maintained in good and safe working condition. The service capacity and the number of outlets and fixtures shall be as follows:

1. A habitable room shall have a minimum of 2 floor or wall outlets.

2. A water closet room, bathroom, laundry room, furnace room, dining room, kitchen, and public hall shall have at least one ceiling or wall electric light fixture.

3. Light switches in a room or passage shall be conveniently located to light the area ahead.

4. Public halls and stairways in a multiple dwelling shall be adequately lighted at all times.

(f)Structurally sound.

1. A foundation, roof, exterior wall door, skylight and windows shall be weathertight, waterproof, dampproof, and together with floors, interior walls and ceilings, be structurally sound and in good repair without visible evidence of structural failure or deterioration.

2. A dwelling, multiple dwelling, rooming house, other building or accessory structure and premises shall be maintained to prevent and eliminate rodents.

3. A foundation, roof, floors, exterior and interior walls, ceilings, inside and outside stairs, porches and all appurtenances shall be safe and capable of supporting a normal load. Inside and outside stairs shall have uniform risers and treads. Stairways shall have structurally sound handrails.

4. Plumbing fixtures and water pipes shall be properly installed and maintained in a good, sanitary working condition.

5. Toilet room, bathroom and kitchen floor surfaces shall be impervious to water to permit maintenance of a clean and sanitary condition.

6. Gas burning equipment and pipes, water and waste pipes, toilets, sinks, lavatories, bathtubs, shower and catch basins, vents, chimneys, flues, smoke pipes and other facilities, equipment or utilities in a dwelling, shall be maintained in a safe, satisfactory working condition.

(g)Light and ventilation.

1. Habitable room. A habitable room shall have at least one openable window or skylight facing outside. The minimum window or skylight area shall be at least 8% of the floor area of a room.

2. Bathroom. A bathroom or toilet room shall comply with the requirement for a habitable room. A window or skylight may be omitted when the room is equipped with artificial lighting and adequate ventilation.

(h)Number of exits - means of escape. In a dwelling of more than 2 rooms, bedroom and living room areas shall have at least 2 means of escape with at least one door or stairway providing a means of unobstructed travel to the outside at street or ground level. Bedroom and living room areas may not be accessible by only a ladder or folding stairs, or through a trap door.

(hm)Alternate means of escape. A second means of escape shall be either:

1. A door or stairway providing a means of unobstructed travel to the outside at street or ground level, or

2. An outside window operable from the inside without the use of tools and providing a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The window bottom may not be more than 44 inches above the floor.

a. Exception no. 1. A second means of escape shall not be required when the room has a door leading directly outside to grade.

b. Exception no. 2. A second means of escape shall not be required when a building is protected throughout by an approved automatic sprinkler system.

c. Exception no. 3. A second means of escape from a second or higher story dwelling may be directly through a common corridor provided the corridor has at least 2 means of escape.

(ht)Prohibited path. A required path of travel to the outside from a room may not be through another room or apartment not under the immediate control of the occupant of the first room, nor through a bathroom or other space subject to locking.

(i)Habitable floor space. A dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet, 70 square feet for a mobile home, for each additional occupant. In addition:

1. The floor space shall be divided into rooms and bedrooms to be adequate for a displaced person. No more than 2 persons may occupy a bedroom of less than 100 square feet. Children of opposite sex over age 7 may not be required to share a bedroom;

2. The ceiling height of any habitable room shall be at least 7 feet, except that in a habitable room with a sloping ceiling at least one half of the floor area shall have a ceiling height of at least 7 feet. The floor area of the room may not include that part of a room where the ceiling height is less than 5 feet;

3. Space located below grade may not be used as a habitable room unless:

a. The floor and the walls below grade are waterproof and dampproof;

b. The minimum window area shall be equal to that under par. (g) 1. and shall be within properly drained window wells when located below grade;

c. The total openable window area shall be at least equal to that as specified under par. (hm) 2., except when there is adequate ventilation and humidity control.

(j)Barrier-free. A dwelling and access to the dwelling shall be free of barriers for a person or family member with a physical disability.

(k)Premises. A dwelling site shall be graded, well drained and maintained in a clean, sanitary and safe condition, and located in an area not subject to adverse environmental conditions as determined by the agency.

(3) SLEEPING ROOM. The requirements for a sleeping room shall be as specified under sub. (2) (a), (c), (e), (f), (g), (h), (hm), (ht), (j), (k), and have the following:

(a) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant;

(b) Access to a private lavatory, bath and toilet facility.

(4) INSPECTION. An agency shall promptly inspect a replacement dwelling to ascertain whether it meets the requirements of this section.

(5) HABITABLE ROOM. A habitable room is a room used for sleeping, living, or dining, but excludes closets, kitchens, pantries, bath or toilet rooms, service rooms, hallways, stairways, laundries, storage spaces, cellars, utility rooms, and similar spaces.

Wis. Admin. Code Department of Administration Adm 92.04

Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections made under s. 13.93(2m) (b) 1 and 7., Stats., Register, April, 1996, No. 484.

Amended by, CR 21-110: am. (2) (j) Register June 2022 No. 798, eff. 7/1/2022