Violation

California Code § 87309(b)Hazardous Items Access

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe46 facilities cited in the last 90 days

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87309(b) actually says

California Code § 87309(b)

Residents may have access to items specified in subsection (a) for personal use unless there is documentation, as specified in Section 87457, Pre-Admission Appraisal or Section 87463, Reappraisals, that indicates the resident's or other residents' safety would be at risk if allowed access.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

44 California facilities were cited for this immediate-risk violation. LPAs check resident rooms for unsecured hazardous items. Review Section 87309(a) items against your residents' appraisals today to prevent a Type A citation.

By the numbers

46^*CCLD: facilities cited in the last 90 days
13^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady

46 facilities were cited for this in the last 90 days. See if yours is one of them.

Check a facility

What other providers do

Common practices to stay clear of Hazardous Items Access

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

Verify the resident's appraisal before allowing access to hazardous items.
Document that the resident's safety is not at risk.
Ensure other residents' safety is not endangered by the item's presence.

What to avoid

Allowing access to items without checking the pre-admission appraisal.
Failing to update reappraisals when a resident's condition changes.
Leaving hazardous items in common areas where at-risk residents can access them.

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Hazardous Items Access, last 90 days
County	Citations	Facilities	Citation rate
Los Angeles	13	--	--
Alameda	5	--	--
Sacramento	5	--	--
Contra Costa	4	--	--
Fresno	3	--	--
San Bernardino	3	--	--
Kern	2	--	--
Orange	2	--	--
Ventura	2	--	--
Merced	1	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-30Updated weekly

FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is the hazardous items access violation?

This violation occurs when an assisted living facility allows a resident to access hazardous items without proper safety documentation. Title 22, Section 87309(b) requires a documented appraisal to ensure the resident can safely use the item. This protects the resident and others in the community from immediate harm.

How common are hazardous item citations in California assisted living?

Public CCLD inspection records show 44 California RCFEs were cited for this issue. It is considered a Type A violation, meaning it presents a direct and immediate risk to residents in your care. Inspectors frequently find these issues during initial walk-throughs of resident rooms and common areas.

What happens if an RCFE is cited for hazardous item access?

Because this is typically a Type A citation, the facility must correct the problem immediately to protect residents. Type A citations carry higher civil penalties than Type B citations. The Licensing Program Analyst will require an immediate plan of correction and may conduct an unannounced follow-up visit.

How do I fix or prevent unsafe access to hazardous items?

Review the pre-admission appraisal and reappraisals for every resident to see if they have specific safety restrictions. Secure all hazardous items listed in Section 87309(a). Caregiving staff must carefully check these clinical documents before giving a resident access to anything that could be potentially dangerous to themselves or others.

Does a hazardous items citation affect my RCFE license?

Yes, Type A citations are taken very seriously by the California Department of Social Services. Accumulating these direct-risk violations can quickly trigger increased enforcement actions against your community. You must proactively address these safety issues to maintain your good licensing standing and protect the residents living in your care.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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