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The Eyewitness News Investigators have learned The Pocasset Lodge- an assisted living facility inJohnston- is in trouble with the state health department.

The problems stem from a fire that drove all of the residents into the street last year.

The health department has fined the owners of the Pocasset Lodge for the dangerous and illegal practice of having residents living in the facility who should be in facilities where the level of care and staffing is much higher.

It was the second such violation for pocasset lodge in less than a year.   When fire broke out last November at the Pocasset Lodge firefighters were there quickly and remarkably every resident got out safely.

But there was an unknown potential for a real disaster.   It was later learned that 17 of the residents should not have been in an assisted lving facility at all

In the words of a health department report obtained by Eyewitness News the 17 residents "were not capable of self-preservation in an emergency situation." ....their conditions were such that they should have been in nursing homes where the level of care and staffing is much higher.

Roberta Hawkins and has been looking out for the safety of seniors for many years.   "This is a corporation from out-of-state that owns this place now they better clean up their act because they are not going to continue to get away with this stuff. "

What has Hawkins doubly angry is that it happened again - last month, the health department found that 6 residents at pocasset should not have been there and like the 17 last November were ordered moved by order of the department to more appropriate facilities.

The health department fined pocasset lodge $4,000 and placed the facility on probation for a year.

"People should not go into nursing homes until they're ready, but should not go into assisted living when their lives are at risk."

  Linda fisher, the administrator of Pocasset Lodge said they have complied with all the health department orders.