Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

28 Pa. Code § 209.3. Smoking.

§ 209.3. Smoking.

 (a)  Policies regarding smoking shall be adopted. The policies shall include provisions for the protection of the rights of the nonsmoking residents. The smoking policies shall be posted in a conspicuous place and in a legible format so that they may be easily read by residents, visitors and staff.

 (b)  Proper safeguards shall be taken against the fire hazards involved in smoking.

 (c)  Adequate supervision while smoking shall be provided for those residents who require it.

 (d)  Smoking by residents in bed is prohibited unless the resident is under direct observation.

 (e)  Smoking is prohibited in a room, ward or compartment where flammable liquids, combustible gases or oxygen is used or stored, and in other hazardous locations. The areas shall be posted with ‘‘NO SMOKING’’ signs.

 (f)  Ash trays of noncombustible material and safe design shall be provided in areas where smoking is permitted.

 (g)  Noncombustible containers with self-closing covers shall be provided in areas where smoking is permitted.


   The provisions of this §  209.3 amended under section 803 of the Health Care Facilities Act (35 P.S. §  448.803); and section 2102(g) of The Administrative Code of 1929 (71 P.S. §  532(g)).


   The provisions of this §  209.3 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999. Immediately preceding text appears at serial page (116618).

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