37.106.2839 ENVIRONMENTAL CONTROL (1) The assisted living facility shall provide a clean, comfortable and well maintained home that is safe for residents and employees at all times.

(2) A minimum of 10 foot candles of light must be available in all rooms, with the following exceptions: (a) all reading lamps must have a capacity to provide a minimum of 30 foot candles


37.106.Subchapter 28 of light; (b) all toilet and bathing areas must be provided with a minimum of 30 foot candles of light; (c) general lighting in food preparation areas must be a minimum of 30 foot candles of light; and (d) hallways must be illuminated at all times by at least a minimum of five foot candles of light at the floor. (3) Temperature in resident rooms, bathrooms, and common areas must be maintained at a minimum of 68°F.

  • A resident’s ability to smoke safely shall be evaluated and addressed in the resident’s service or health care plan. If the facility permits resident smoking:
    • the rights of non-smoking residents shall be given priority in settling smoking disputes between residents; and
    • if there is a designated smoking area within the facility, it shall be designed to keep all contiguous, adjacent or common areas smoke
  • An assisted living facility may designate itself as non-smoking provided that adequate notice is given to all residents or all applicants in the facility residency