Complaint Investigation Report

It was alleged that the facility is allowing residents to smoke in their rooms. LPA interviewed COO who stated that the designated smoking area is the central courtyard and smoking is not allowed anywhere else. LPA inspected the facility and noted the smell of smoke around stairway 3 in the first floor hallway when no smoke could be smelled in the central courtyard. COO was unable to explain the smell of smoke in the first floor hallway, stating no nearby residents are known to smoke. LPA inspected five occupied rooms on the second floor and noted that R1’s room smelled like smoke and ash, indicating R1 has smoked in their room often and for a long time. COO stated that R1 has smoked in their room in the past because they are far from the designated smoking area, R1 has been given warnings, R1 has stopped smoking in their room in response to these warnings, but R1 has also resumed smoking in their room necessitating additional warnings. Per R1’s facility progress notes, R1 was given a warning on July 19, 2026, about smoking in their room. This is the only documented warning R1 received. COO stated that R1 is currently in the process of being relocated to the first floor, closer to the central courtyard, to encourage them to smoke in the designated smoking area. LPA also observed that rooms close to R1’s room contained oxygen, which increases the safety risk of R1 smoking in their room. When interviewed, R1 denied smoking in their room, stating they smoke two cigarettes a day only in the courtyard since moving in. However, residents nearby corroborated smelling smoke, that the smell bothered them, and that this is not a recent issue. The information obtained corroborated that the facility did not timely and sufficiently address R1 smoking in their room, which is not a recent issue and creates a risk due to oxygen being nearby.

During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. Civil penalties for repeat violations are being assessed. See LIC421FC. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative.