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32 | During inspection the following was observed:
2 of 2 fence gates were observed locked with a dead-bolt lock (one in back yard & one in front side yard fence gate) preventing the gates from opening; pictures taken and in file. The facility does not have clearance from the Fairfield Fire Department or Community Care Licensing (CCL) for a locked perimeter. LPA asked licensee to remove the dead-bolt locks, Anny removed the locks during inspection. Licensee Ceazar stated he, Anny, and the resident's family feel safer with the gate locked, "even though its a safe neighborhood, you never know". Licensee/Administrator stated they lock the fence gate because they have smelled marijuana outside before and they feel safer with the gate locked. Anny stated the facility does not lock the resident in since they need assistance walking and would not go out the back yard to exit because staff are always present.
During the facility's post-licensing visit on 10/29/2021, LPA explained the regulation requirements and warned licensees they could not lock the fence gates without an approved waiver from the CCL and fire clearance from the fire department. LPA provided the regulations to assist with the waiver request during post-licensing inspection. LPA observed the 2 perimeter fence gates were locked and asked Ceazar to remove the 2 dead-bolt locks during the post-licensing inspection. Ceasar and Anny stated they would request a waiver approval from CCL to lock the fence gates since they did not know at the time that they could not lock the perimeter gates and felt safer with a locked fence.
As on 11/29/2021, CCL and LPA have not received a waiver request regarding locking the perimeter fence gates.
Additionally, Licensees stated a new resident will be admitted to the facility the first week of December 2021. The resident is on hospice. LPA discussed with Licensees that they can not admit a hospice resident to LuvinHome, LLC until they have requested a hospice waiver or exception and it is approved by CCL.
LPA provided the regulation 87405(d)(1)(2) Administrator - Qualifications and Duties to Licensee/Administrator Anny Camerino
Exit interview conducted with Administrator, whose signature on this document confirms receipt.
Immediate Civil Penalty assessed in the amount of $500 during today's inspection.
Appeal rights given. California Code of Regulations, (Title 22, Division 6), are being cited on the attached LIC 809-D. Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties. |