Evidence/Findings:
Based on observation, documentation review, and interview, the manager failed to ensure the premises was free from a condition or situation that may cause a resident or other individual to suffer physical injury.
Findings include:
1. During the environmental inspection of the facility, the Compliance Officer observed a single elevator which ran between the assisted living building's first and second floors. The Compliance Officer observed a "Certificate of Inspection" posted on the wall of the elevator which stated, "On 11/1/2017 an applicable inspection of elevator or other type equipment State Ser. # 1240 was performed as required by A.R.S 23-491.05. The elevator...was found then/or later to comply with the standards and regulations adopted pursuant to A.R.S. Title 23, Chapter 2, Article 12."
2. A review of facility documentation revealed quarterly invoices from an elevator maintenance company for "Preventative elevator maintenance performed monthly." The most recent available invoice was for maintenance performed monthly "during the 4th quarter, 2022." However, there was no documentation of invoices for elevator maintenance services performed in 2023.
3. Further review of facility documentation revealed an inspection report from "The Industrial Commission of Arizona Division of Occupational Safety Health Elevator Section" dated February 8, 2023. The inspection report detailed the results of an inspection conducted by O1 on January 27, 2023, and stated, "This Correction Order describes violations of a standard or regulation promulgated in accordance with Arizona Revised statutes 23-491.01. You must correct the violations referred to in this Correction Order unless, pursuant to A.R.S. 23-491.10 (a), you request a hearing to contest any or all of the below listed violations." The document detailed the following violations found during the inspection on January 27, 2023: "Rule 8.11.1.6...Violation: Incorrect test tag; Section 8.9...Violation: No code data tag; Rule 112.4(b)/2.13.4.2.3...Violation: Door close pressure over 30 pounds, Annual test overdue; Rule 8.6.4.8.2...Violation: Remove the box of rims and tires from the machine room." The document further stated: "Corrections to be completed by abatement date: March 10, 2023...No conveyance shall be operated in this State without a current Certificate of Inspection. Upon failure of an owner or operator to comply with the requirements of this Correction Order, the Commision can enjoin the owner or operator from engaging in further acts in violation of this Correction Order."
4. In an interview, E3 reported corrections to the violations stated in the aforementioned documents were not completed by the abatement date of March 10, 2023, and were not completed as of the date of the survey (July 20, 2023). E3 reported the facility had not requested a hearing to contest the violations noted in the Correction Order. E3 reported the facility had several outstanding invoices with the company who performed elevator maintenance for the facility, and the company had suspended maintenance services for lack of payment. E3 reported E3 had been attempting to get the facility's business office to pay the overdue invoices "since the beginning of the year" so elevator maintenance services could be restored, and the facility could come into compliance with the Correction Order issued by The Industrial Commision of Arizona. E3 reported overdue invoices were recently paid and the elevator maintenance company was "coming out tomorrow (July 21, 2023) to resume services, and the issue would be resolved." E3 provided the Compliance Officer with a printout of email exchanges between E3, O2, and O3.
5. A review of the aforementioned printed email exchanges provided by E3 revealed an email from O2 to E3, dated March 15, 2023. The email stated, "I have not received any form of payment since August of 2022. Services are still suspended until we get payment on account services will still be suspended. I have sent numerous emails and no response. We will look at the correction orders, and anything that needs to be taken care of on our end will be taken care of once we resolve the past due issue on your account." An email sent from E3 to O3 on March 15, 2023 stated, "Hi [O3], We are past our date on our correction of violations, and service is still suspended...any help would be appreciated..." No emails dated after March 15, 2023 were provided for review.
6. In an interview, R1 reported R1 was unable to get to the first floor using the stairs. R1 reported R1 needed to use the elevator each time R1 went for a meal. R1 reported feeling unsafe on the elevator, but "had no choice" but to use it. R1 reported the elevator broke down on July 4, 2023, and residents were unable to use it for "more than an hour." R1 also reported hearing a caregiver got stuck in the elevator "a couple of months ago."
7. In an interview, R2 reported R2 used the elevator to go to meals. R2 reported R2 was scared of the elevator as R2 had heard "people get trapped in there."
8. In an interview, E1 reported the elevator had "no major problems" in 2023. However, E1 confirmed R1's account of the elevator breaking down on July 4, 2023. E1 reported it was only out of commission for "less than an hour" because "a sock had gotten stuck in it." E1 reported E1 was aware the elevator had not passed a recent inspection conducted by the industrial commission of Arizona, but reported E3 was "working on getting it fixed." E1 suggested the Compliance Officer speak with E3 as E1 was not in charge of facility maintenance. E1 acknowledged the condition of the building's elevator presented a condition or situation which may cause a resident or other individual to suffer physical injury.
9. In a separate interview, E2 reported E2 was uncomfortable riding the elevator and "always takes the stairs." E2 acknowledged the condition of the building's elevator presented a condition or situation which may cause a resident or other individual to suffer physical injury.
Summary:
The following deficiencies were found during the onsite inspection for complaint 00146216 conducted on October 22, 2025: