(A) A long-term care facility shall not use any part of the licensed premises for tenant occupancy or for other business. Unlicensed space within the long-term care facility premises may be used for tenant occupancy or other business if the following requirements are met:

1. (1) The space that constitutes the premises of the licensed long-term care facility and the premises of the tenant occupancy or business shall not be intermingled space. The space that constitutes the facility shall be contiguous.
2. (2) The long-term care facility shall be separate and distinct from that portion of the premises used for tenant occupancy or other business and shall be physically separated from any unlicensed space within the long-term care facility by means of doors, walls, or other barrier. A fire rated wall which meets the fire protection rating required by the Massachusetts State Building Code shall be provided between the tenant occupancy and the long-term care facility. In addition, all certified facilities must have a fire rated wall in compliance with the Life Safety Code.
3. (3) The long-term care facility shall not be used as a thoroughfare for access to the area in which the tenant occupancy or other business is located.
4. (4) The portion of the premises used for tenant occupancy or other business shall not constitute a hazard or nuisance to residents of the long-term care facility.

5. (5) The presence of an area used for tenant occupancy or other business cannot impede the licensed long-term care facility's ability to comply with the provisions of 105 CMR 150.000: Licensing of Long-term Care Facilities and any applicable federal requirements, including:

   1. (a) Fire safety requirements, which shall include, for certified facilities, compliance with the Life Safety Code;
   2. (b) Staffing requirements;
   3. (c) Resident egress and elopement control;
   4. (d) Resident access to outdoor recreation area; and
   5. (e) Parking requirements.

6. (6) Prior to any unlicensed part of the premises being used for tenant occupancy or other business, the long-term care facility must ensure the proposal is the product of sound community engagement and consultation regarding the proposed tenant occupancy or other business with the following groups:

   1. (a) The facility's resident council;
   2. (b) The facility's family council;
   3. (c) Staff at the facility;
   4. (d) The Office of the State Long-term Care Ombudsman; and
   5. (e) The Office of the Local Long-term Care Ombudsman.

(B) A facility may not provide any services to persons other than residents, except as provided in 105 CMR 153.030(B).

1. (1) A facility may provide rehabilitation services to persons other than residents as provided in 105 CMR 150.010: Rehabilitation Services: Physical Therapy, Occupational Therapy, Speech, Hearing and Language Therapy (and Therapeutic Recreation in a SNCFC) and 105 CMR 150.540: Rehabilitation Service Areas.

2. (2) Notwithstanding any restrictions in 105 CMR 150.012(H), a facility may provide special activities and services described therein to persons other than residents provided that:

   1. (a) Use of such services does not require persons other than residents to pass through resident care areas to access the services.
   2. (b) If articles made by the residents are sold in the gift shop, the money shall be given or credited to those residents.
   3. (c) Any snack shop acting as a food establishment, as that term is defined in 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, must so act in accordance with any and all applicable requirements of 105 CMR 590.000. A facility that previously received, and can produce a copy of, a waiver from the

Department under 105 CMR 153.031 allowing the facility to use unlicensed space on the premises for tenant occupancy, other business, or to provide certain services to persons other than residents may continue to rely on such waiver even if such use or service does not meet the requirements in 105 CMR 153.030(A) or (B); provided, however, any such waiver remains subject to the terms or conditions included in the waiver and such a waiver may be revoked due to non-compliance with its terms or conditions or the provisions of 105 CMR 150.000: Licensing of Long-term Care Facilities or 105 CMR 153.000.