Changes in 2010 to WI Clean Indoor Air Act and the Effect
on Assisted Living Facilities
PDF Version of DQA 10-016
(PDF, 48 KB)
Changes in 2010 to WI Clean Indoor Air Act and the Effect
on Assisted Living Facilities
Effective July 5, 2010, an amendment to the Wisconsin Clean Indoor Air
Act (Wis. Stat. § 101.123) will prohibit smoking in common and public areas
of assisted living facilities in Wisconsin.
As amended, Wis. Stat. § 101.123(2) prohibits smoking in certain enclosed
places, including all enclosed places that are places of employment or that
are public places. Subsections 101.123(3)(j) and (i) allow the following
exceptions to prohibitions against smoking in assisted living facilities1:
- a room used by only one person in an assisted living facility as his
or her residence; or
- a room in an assisted living facility in which two or more persons
reside if every person who lives in the room smokes and each of those
persons has made a written request to the person in charge of the
assisted living facility to be placed in a room where smoking is
allowed.
After July 5, 2010, smoking will be prohibited in facility offices, work
areas, employee lounges, restrooms, and conference and meeting rooms.
After July 5, 2010, assisted living facilities may choose to become a
smoke-free facility, allow smoking in resident rooms per Wis. Stats. §§
101.123(3)(i) and 101.123(3)(j), and/or designate an outdoor smoking area.
Assisted living facilities that currently have a policy allowing smoking
in designated areas within the facility will need to revise the policy per
the above guidelines. Residents will need to be given notice of any changes
in accordance with applicable administrative code. Current residents are not
grandfathered for smoking inside the facility.
Designated outdoor smoking areas must meet the following criteria:
- The area must be provided with an adequate number of ash trays made of
non-combustible material.
- Oxygen tanks should not be allowed in the area.
- If the area is designed for protection from the weather, the area may
not meet the definition of an "enclosed space". If the area
meets the definition of an enclosed space, smoking would be prohibited
within that area.
Wis. Stat. § 101.123(2m) specifies that no person in charge may allow
any person to smoke in violation of the Wisconsin Clean Indoor Air Act.
Finally, the Clean Indoor Air Act does not limit the authority of any
county, city, village or town to enact ordinances complying with the purpose
of the Act to protect the health and comfort of the public. Assisted living
facilities need to keep in compliance with local regulation as well as state
law.
If you have any questions, please contact the Assisted Living Regional
Director in your region at: http://www.dhs.wisconsin.gov/rl_dsl/Contacts/ALSreglmap.htm
1 Per Wis. Stat. § 101.123(1)(ab)
"assisted living facility" means a community-based residential
care apartment complex, or an adult family home.
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Last Updated: September 30, 2011
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