complaint·October 18, 2024

A similar allegation was previously investigated in May 2024 as part of complaint # 31-AS-20240528173514. During that investigation, the previous administrator noted signs were posted around the central courtyard prohibiting residents from smoking there. Also, the issue was addressed during the May 2024 resident’s council meeting, and a formal warning letter was drafted for residents who continued to disobey staff instruction to smoke only in the designated area. Interview with the current administrator at 4:00 p.m. on 10/16/24 revealed the only designated smoking area was in front of the facility. The front doors are locked at night. Interview with Resident #1 (R1) at 9:10 a.m. on 10/16/24 revealed they have been instructed by staff not to smoke in the courtyard, but they continue smoke in the courtyard despite verbal warnings. Interview with Resident #2 (R2) at 9:15 a.m. on 10/16/24 revealed they were instructed by staff not to smoke in the courtyard but to instead smoke in the garage. Interview with Resident #3 (R3) at 9:00 a.m. today revealed they were instructed by staff to not smoke in the courtyard or the garage. R3 further stated that they have nowhere to smoke at night since the designated area is unattended, unsafe, and residents have had to wait long periods of time to be let back in. Interview with the administrator at 9:45 a.m. today revealed the facility is working to hire an additional staff to supervise residents in the designated smoking area at night. Additionally, the facility is working on renovations to make the designated smoking area safer. The administrator has issued written warnings to multiple residents due to their continued noncompliance with house rules. LPA and LPM toured the facility and observed approximately three (03) cigarette butts on the east side of the courtyard and three (03) cigarette butts on the west side of the courtyard. When LPA toured the courtyard again at 11:00 a.m., a resident was observed smoking. Other residents nearby were disturbed by the smoke. Based on interviews and observations, staff have not prevented residents from smoking in prohibited areas. Therefore, the allegation is deemed SUBSTANTIATED at this time. A deficiency is cited on the corresponding LIC 9099-D page. Exit interview conducted. Appeal rights discussed. Copy of report provided.