(a)

1. (1) Each assisted living facility built after this part becomes effective must meet the requirements adopted by local municipalities as based on National Fire Protection 101, Life Safety Code, 1985, or the 2000 edition of the International Building Code (IBC) and must be in compliance with the Americans with Disabilities Act.
2. (2) If the local municipality in which the facility is located has not adopted requirements based on the above standards, or if the Office of Long-Term Care determines that the rules adopted by the local municipality are not adequate to protect residents, the facility must meet the provisions of the 2000 Edition of the IBC, including the National Fire Protection Association requirements referenced by the IBC.

(b)

1. (1) Facilities may elect to prohibit smoking in the facility or on the grounds or both.

2. (2) If a facility elects to permit smoking in the facility or on the grounds, the facility shall include the following minimal provisions, and the facility shall ensure that:

   1. (A)

(i) In facilities equipped with sprinkler systems, the facility may designate a smoking area or areas within the facility.

1. (ii) The designated area or areas shall have a ventilation system that is separate from the ventilation system for nonsmoking areas of the facility.

   1. (iii) Facilities lacking a sprinkler system are prohibited from designating smoking areas within the facility;

   2. (B)

      1. (i) Smoking shall be prohibited in any room, ward, or compartment where flammable liquids, combustible gases, or oxygen are used or stored and in other hazardous locations and any general use/common areas of the assisted living facility.
      2. (ii) Such areas shall be posted with “NO SMOKING” signs;
   3. (C) Smoking by residents classified as “not responsible” shall be prohibited unless the resident is under direct supervision;
   4. (D) Ashtrays of noncombustible material and safe design shall be placed in all areas where smoking is permitted; and
   5. (E) Metal containers with self-closing cover devices into which ashtrays may be emptied shall be placed in all areas where smoking is permitted.