The Department of Commerce - Division of Safety and Buildings considers Residential Care Apartment Complexes (RCACs) to be apartment buildings subject to the Wisconsin Commercial Building Code (WCBC) pursuant to the code in effect at the time the building was approved as an apartment building. RCACs are not subject to the assisted living/residential care provisions of the code. For more information on the application of the building code refer to the State of WI – Department of Commerce website and Chapter Comm 61 of the WCBC. Accessibility standards are specifically noted in ss. Comm 62.1100 to Comm 62.1110 and technically detailed in ANSI standard A117.1-1998.

New construction "stand-alone buildings" must comply with the requirements of Comm Ch 61-65, WCBC. A Plan Submittal Kit has been developed by the Department of Commerce. Existing buildings approved as apartment buildings prior to July 1, 2002, must remain in compliance with the Building code that was in effect when originally approved.

The Department of Health and Family Services (DHFS) - Bureau of Quality Assurance (BQA) Regional Offices review common use areas within the RCAC to ensure compliance with the accessibility requirements of the WCBC. RCACs connected to CBRFs, nursing homes or hospitals require building plan review by DHFS engineers. They review all proposed RCACs per HFS 89.22, regardless of their configuration.

In addition to WCBC, all housing must also follow Federal Fair Housing law as it relates to accessibility. In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have:
  • An accessible route into and through the unit,
  • Accessible light switches, electrical outlets, thermostats and other environmental controls,
  • Reinforced bathroom walls to allow later installation of grab bars, and
  • Kitchens and bathrooms that can be used by people in wheelchairs.

If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.

These requirements for new buildings do not replace any more stringent standards in State or local law.