Non-Compliance with Smoking Area Safety Regulations
Summary
The facility failed to maintain designated smoking areas in compliance with NFPA 101 regulations, resulting in several deficiencies. During an inspection, it was observed that the designated smoking area had three ashtrays missing their self-closing devices, which are required for safety. Additionally, plastic smoking bins, which are prohibited, were present and should have been removed. Furthermore, smoking debris was improperly disposed of in a regular trash can instead of the mandated metal safety can, posing a potential fire hazard. An area outside the Sable Palms wing, not designated for smoking, was found to have a significant amount of smoking debris discarded in the mulch and yard debris. This area lacked appropriate containers for the disposal of smoking debris, further indicating non-compliance with safety regulations. These observations were confirmed by the Director of Maintenance during the inspection and acknowledged by both the Administrator and the Director of Maintenance at the exit conference.
Penalty
Surveyors observed numerous cigarette butts scattered in both the back of the facility and the employee smoking area, which was located near combustible materials. The required metal containers with self-closing covers for ash disposal were not present in the employee area, despite ashtrays being provided. Staff confirmed awareness of the issue, but no corrective action was taken prior to the survey.
Surveyors found that the designated smoking area in the courtyard gazebo lacked metal containers with self-closing covers for emptying ashtrays, as required by NFPA 101. This deficiency was confirmed by maintenance staff and had the potential to affect staff and 39 residents.
Failure to Maintain Smoking Areas and Receptacles per NFPA 101
Penalty
Summary
The facility failed to maintain smoking areas in accordance with NFPA 101-2012, Section 19.7.4, as observed during a facility tour. Numerous cigarette butts, exceeding 50, were found scattered in the back of the facility along the emergency lane parking area and the yellow line on the sidewalk. Additionally, the employee smoking area, located in front of a storage area containing combustible materials such as chairs and shelving, had innumerable cigarette butts on the floor. The storage area did not contain metal containers with self-closing cover devices for emptying ashtrays, despite ashtrays being provided. Staff interviews confirmed awareness of the issue, with one staff member stating that action would only be taken if the issue was formally documented. The deficiency had the potential to affect 22 of 46 residents in the facility. The observations indicated that the facility did not comply with required smoking regulations, including the provision of appropriate receptacles and the maintenance of designated smoking areas free from fire hazards.
Plan Of Correction
K741 Urbana Health and Rehab wishes to point out to any person who reviews this document that we do not necessarily agree with the citations with which we were cited. However, the law requires us to prepare a plan of correction for the citations regardless of whether we agree with them or not. Thus, we have prepared such a plan as noted below. Please note though, that this plan does not constitute an admission that the citations are either legally or factually correct. This plan of correction is not meant to establish any standard of care, contract, obligation, or position, and Urbana Health and Rehab reserves all rights to raise all possible contentions and defenses in any civil or criminal action or proceeding. Please accept 7/30/25 as the facility's allegation of compliance date. The facility failed to ensure safe smoking as evidenced by cigarette butts on the ground around staff smoking area, lining the emergency lane parking, yellow line on sidewalk, floor of employee smoking area, in front of storage area that stored combustible materials. Additionally, there were no self-closing metal containers into which ashtrays could be emptied. Step 1: Director of Maintenance cleaned the staff smoking area on 6-6-25. A 16 qt. covered, self-closing, metal receptacle was obtained for placement of cigarette butts and placed in the smoking area on 6/15/25. Step 2: Audit was completed by DON/ADON on designated smoking areas on 6-6-25 for compliance issues, with no negative findings. Step 3: All staff were educated on NFPA 101 Smoking Regulations: safe smoking practices and the importance of proper disposal of used smoking materials in appropriate receptacles on 6-24-25. New hires are educated upon orientation. Step 4: To monitor and maintain ongoing compliance, the LNHA/designee will audit the staff smoking area weekly x4 then monthly x2. The results of the audits will be submitted to the QAPI committee for further review and recommendations.
Missing Self-Closing Metal Containers in Smoking Area
Penalty
Summary
During a facility tour, surveyors observed that the designated smoking area in the courtyard gazebo did not have metal containers with self-closing cover devices available for emptying ashtrays. This observation was confirmed in interviews with the Regional Maintenance Director and the Maintenance Director at the time of the survey. The absence of these containers is a violation of NFPA 101-2012 Edition, Section 19.7.4, which requires that such containers be readily available in all areas where smoking is permitted. The deficiency was identified as having the potential to affect an undetermined number of staff and 39 residents in the event of an emergency. The report does not mention any specific incidents involving residents or staff at the time of the observation, nor does it provide details about the medical history or condition of any individuals involved. The finding is based solely on the lack of required fire safety equipment in the designated smoking area.
Plan Of Correction
Tag: K 0741 On or before 6/20/25, the designated smoking areas were equipped with self-closing cover metal devices. There are no other smoking areas on the property. The administrator provided the maintenance director with education regarding NFPA 101 smoking regulations. The maintenance director or designee will audit smoking areas for appropriate self-closing devices 3 times a week for 4 weeks. Results of the audit will be submitted to the QAPI committee for review and recommendations.
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