105 C.M.R. 150.110
Facilities shall be of Type IB construction as set forth under M.G.L. c. 111 and the Massachusetts State Building Code (780 CMR 407.1.1: Other Reference). 105 CMR 150.110 shall not apply to any facility seeking to upgrade in whole or in part from Level III to a higher level of care if all units, components or additions of said facility were originally constructed as a long-term care facility. 105 CMR 150.110 shall not apply to any unit or units which a hospital seeks to convert to a hospital based long-term care facility as defined in 105 CMR 150.110, provided the unit or units planned for conversion were operating as licensed inpatient unit(s) at any time on or after April 1, 1988.