Section 7.10.1085. Smoking.

	(a)  In addition to the applicable requirements of AS 18.35.300 - 18.35.365, an entity listed in 7 AAC 10.1000(b) is subject to the applicable requirements of this section.  
	(b)  Smoking is prohibited in a child care center, a residential child care facility, and a maternity home.  
	(c)  Smoking in a foster home or foster group home must be limited to outside the home, or in a well-ventilated area away from the immediate living area, and only after submitting a plan acceptable to the department that addresses how children in care will be protected from smoke.  
	(d)  Smoking is prohibited in a child care home and a child care group home while children are in care. The home must ensure that, while children are in care,  
		(1) cigarettes or other smoking products, and ashtrays, lighters, or other smoking accessories are not visible or accessible to children; and  
		(2) the home does not smell of smoke from cigarettes or other smoking products.  
	(e)  Any vehicle used to transport children must be smoke-free.  
	(f)  If smoking is allowed in an assisted living home, a designated smoking and a nonsmoking area must be provided. A designated smoking area may not be in a common area. The designated smoking area must be separated from common areas by a closed door or partition that protects nonsmokers from smoke. The designated smoking area must be provided with natural or mechanical ventilation sufficient to provide fresh air and to prevent the accumulation of smoke and smoke odor.