Judges: W. MATTHEW STEVENSON
Agency: Agency for Health Care Administration
Latest Update: May 08, 1987
Summary: Petitioner fined for failing to meet minimum fire safety standards.
86-4214.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RETIREMENT LIFE CENTER, INC., ) d/b/a INVERRARY RETIREMENT ) CENTER ANNEX, )
)
Petitioner, )
)
vs. ) CASE NO. 86-4214
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on April 14, 1987, in Ft. Lauderdale, Florida. The following appearances were entered:
APPEARANCES
For Petitioner: Martin Marenos
(Qualified Representative) Inverrary Retirement Center Annex 2057 North University Drive Sunrise, Florida 33322
For Respondent: Leonard T. Helfand, Esquire
Department of Health and Rehabilitative Services
5190 Northwest 167th Street Miami, Florida 33014
The issue at the final hearing was whether the Petitioner was guilty of the allegations contained in the Administrative Complaint, and if so, what penalty would be appropriate.
PROCEDURAL BACKGROUND
At the formal hearing, the Petitioner presented the testimony of one witness. In addition, Petitioner's Exhibits 1(a) through (j) and 2 were duly offered and admitted into evidence. The Respondent presented the testimony of two witnesses and submitted Respondent's Exhibits 1 through 3, which were all accepted into evidence. Neither party ordered a written transcript of the proceeding. The parties have submitted post-hearing proposed findings of fact. A ruling has been made on each proposed finding of fact in the Appendix to this Recommended Order.
FINDINGS OF FACT
Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence submitted and the entire record compiled herein, I hereby make the following findings of fact:
The Petitioner, Retirement Life Center, Inc., is licensed to operate Inverrary Retirement Center Annex at 5640 N.W. 28th Street, Lauderhill, Florida as an adult congregate living facility in compliance with Chapter 400, Part II, Florida Statutes.
On October 27, 1985, at approximately 11:46 a.m. the Broward County Emergency Services received a call in reference to a person bleeding from the mouth at Inverrary Retirement Center Annex.
Two paramedics with Broward County Emergency Services responded to the call and immediately went to the Respondent's adult congregate living facility.
Upon arrival, the paramedics went to the fence but were unable to enter the premises because a locked padlock was on the gate. There were no staff members from the facility waiting for the emergency unit.
The paramedics yelled out and rang a bell in an attempt to get someone to unlock the gate. One female staff member went to the gate, but she did not have a key so she left to get someone else. At least two minutes were wasted while the paramedics attempted to gain entry into the facility.
When the gate was finally unlocked, the paramedics found the victim prone on the floor of the cafeteria, cyanotic and in cardiopulmonary arrest.
The Respondent had previously performed an administrative inspection of Inverrary Retirement Center Annex on February 22, 1985. At that time, one of the deficiencies cited included the fact that locks were on the fence gate.
When the facility was re-inspected on June 11, 1985, the deficiency had been corrected.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes.
The Department of Health and Rehabilitative Services, is charged with the responsibility of regulating adult congregate living facilities in the State of Florida pursuant to the provisions of Chapter 400, Part II, Florida Statutes.
The standards of the National Fire Protection Association for life safety from fire, as provided in N.F.P.A. 101, Life Safety Code 1981, are the minimum fire safety standards required with respect to adult congregate living facilities. See, Rule 4A-40.05(1), Florida Administrative Code.
Section 5-2.1.2.1.2, N.F.P.A. 101, Life Safety Code 1981, prohibits the locking of exit access doors and/or gates at adult congregate living facilities which would prevent clients within the facility from having direct access to a public way.
The evidence showed that the Petitioner was not in compliance with standards promulgated pursuant to the provisions of Chapter 400, Part II, Florida Statutes as alleged in the Administrative Complaint, and is therefore in violation of Section 400.419, Florida Statutes.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:
That a final order be entered assessing an administrative fine of $500.00 against Retirement Life Center, Inc., d/b/a Inverrary Retirement Center Annex.
DONE and ORDERED this 8th day of May, 1987 in Tallahassee, Leon County, Florida.
W. MATTHEW STEVENSON Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 8th day of May, 1987.
APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-4214
The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.
Rulings on Proposed Findings of Fact Submitted by the Petitioner
Adopted in Finding of Fact 1.
Addressed in Conclusions of Law section.
Rejected as a recitation of testimony.
Adopted in substance in Finding of Fact 7.
Rejected as a recitation of testimony and/or contrary to the weight of the evidence.
Rejected as subordinate and/or unnecessary.
Rulings on Proposed Findings of Fact Submitted by the Respondent
Adopted in Finding of Fact 4.
Adopted in Findings of Fact 3, 4 and 5.
Adopted in Finding of Fact 7.
COPIES FURNISHED:
Dr. Martin Marenos
Inverrary Retirement Center Annex 2057 North University Drive Sunrise, Florida 33322
Leonard T. Helfand, Esquire Department of Health and
Rehabilitative Services 5190 Northwest 167th Street Suite 210
Miami, Florida 33014
Sam Power
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Gregory L. Coler Secretary
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
John Miller, Esquire Acting General Counsel Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Docket for Case No: 86-004214
Orders for Case No: 86-004214
