ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES To: Rakesh Dhunna Rajan Dhunna Alberta Ltd the owner the owner the owner McCor Management the property manager Daniel Barron the property manager RE: Those housing premises located in Edmonton, Alberta and municipally described as: Holyrood Gardens, 8318A 93 Avenue NW WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted premises which are or may become injurious or dangerous to the public health or which might hinder in any manner the prevention or suppression of disease, namely: a. The front porch was in disrepair. Some of the wood pieces were rotted. b. The guard on the stairs leading upstairs was not adequate. c. There was no guard on the stairs leading to the basement. d. The south facing bedroom window did not stay open on its own, impeding emergency egress. e. There was extensive water damage in the washroom and there was mould growth noted on the bathtub surround, and the window. The tub surround did not form a watertight joint. f. The premises did not have a functioning shower or bathtub as the bathtub area had been gutted on June 15, g. Wet, mouldy and damaged materials were removed without following safe removal procedures. h. There were screens missing on windows throughout the premises which could be opened. i. The kitchen cabinets were separating from the wall and the bases were dropping. There were concerns that the cupboards were no longer secure and adequately supported. They were located below the washroom which had sustained water damage in/on the walls. j. The basement window was broken. k. There had been a leak from the roof and there were concerns that wet and damaged material in the south facing bedroom were not removed in a safe manner. A new section of ceiling in the bedroom had been installed but it was not properly finished. l. There was a section of ceiling that had been cut out in the basement. m. There were numerous horizontal and vertical cracks noted in the basement. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Housing Regulation, Alberta Regulation 173/99, and the Minimum Housing and Health Standards exist in and about the above noted premises, namely:

2 Page 2 of 6 a. Items (a,e,i,k ) are in contravention with section III(1)(c) of the Minimum Housing and Health Standards which states that: Building materials that have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. b. Items (b and c) are in contravention with section III(3)(c) of the Minimum Housing and Health Standards which states that: Inside or outside stairs or porches including all treads, risers, supporting structural members, rails, guards and balconies, shall be maintained in good repair and shall comply with the requirements of the Alberta Building Code or a Professional Engineer design. c. Item (d) is in contravention with section III(3)(b)(i) of the Minimum Housing and Health Standards which states that: Windows referred to above shall provide unobstructed openings with areas not less than 0.35 m2 (3.8ft2), with no dimension less than 380 mm (15 ). d. Item (f) is in contravention with section IV(7) of the Minimum Housing and Health Standards which states that: every housing premises shall be provided with plumbing fixtures of an approved type consisting of at least a flush toilet, a wash basin, and a bathtub or shower. e. Item (g) is in contravention with section (5)(2) of the Housing Regulations which states that: No person shall cause or permit any condition in housing premises that is or may become injurious or dangerous to the public health, including any condition that may hinder in any way the prevention or suppression of disease. f. Item (h) is in contravention with section III(2)(b)(iii) of the Minimum Housing and Health Standards which states that: During the portion of the year when there is a need for protection against flies and other flying insects, every window or other device intended for ventilation shall be supplied with effective screens g. Item (j) is in contravention with section III(2)(b)(i) of the Minimum Housing and Health Standards which states that: All windows and exterior doors shall be; maintained in good repair, free of cracks and weatherproof. h. Item( l) is in contravention with section III(5) of the Minimum Housing and Health Standards which states that: All walls, windows, ceilings, floors, and floor coverings shall be maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. i. Item(m) is in contravention of section III(1) (a) of the Minimum Housing and Health Standards which states that: The housing premises shall be structurally sound. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Closed for Tenant Accommodation Purposes. NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the above-noted premises be vacated on or before June 30, That the Owner undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Cease any and all invasive repairs (work in which asbestos-containing materials may be disturbed) until proper asbestos assessment and abatement has been completed, as further detailed below.

3 Page 3 of 6 b. Retain the services of an Environmental Consultant or Industrial/Occupational Health Hygienist. The hired consultant must assess the conditions within the above noted premises including performing applicable sampling for asbestos containing materials and aggressive air sampling. A whole building Environmental Hazard Assessment as detailed in the Alberta Asbestos Abatement Manual must be completed. In the event asbestos is present provide Environmental Public Health with a written asbestos management/abatement plan in accordance with the Alberta Asbestos Abatement Manual. c. Retain the services of an Environmental Consultant or Industrial/Occupational Health Hygienist, prior to the commencement of renovation or repairs: (i) Then the environmental consultant will assess the conditions within the above noted premises for all water damaged materials and mould for the entire premises. A full pre mould remediation inspection report is required. At a minimum the report must describe the building construction, finishes, materials and components and recommendations for restoration. All hazardous building materials are to be properly managed and disposed of in accordance with government standards and guidelines and industry codes of practice. Once the materials have been removed and a post mould remediation report is required this will include photographic evidence that all moldy material has been removed and environmental air quality sampling. Testing and reporting shall follow the requirements outlined in Alberta Health Services Fungal Air Testing Protocol. Where material was removed without following the recommendations of the environmental consultant, environmental air quality sampling is required to verify mould levels are acceptable. d. Repair or replace the front porch so it is in good repair. e. Modify the guard or install a new guard on the stairs leading upstairs that meets the Alberta Building Code. f. Install a guard and handrail on the stairs leading to the basement. g. Repair or replace the south-facing bedroom window so it stays open on its own and meets emergency egress requirements. h. Replace all the water damaged materials in the washroom with material that is in good repair. Ensure all finishes in the washroom are finished in a material that is smooth, non-absorbent and easy to clean. i. Repair or replace the tub surround and ensure there are watertight joints. j. Install screens on all windows which could be opened. k. Repair and secure the kitchen cabinets so they are in good repair and adequately supported. l. Repair or replace the window in the basement. Ensure the window is in good repair and free of cracks. m. Finish the ceiling in the south facing bedroom and in the basement. n. Retain the services of a Professional Engineer to assess the foundation and to provide a full report outlining the structural integrity of the entire building.

4 Page 4 of 6 3. That until such time as the work referred to above is completed to the satisfaction of an Executive Officer of Alberta Health Services; the above noted premises shall remain closed for tenant accommodation purposes. The above conditions were noted at the time of inspection and may not necessarily reflect all deficiencies. You are advised that further work may be required to ensure full compliance with the Public Health Act and regulations, or to prevent a public health nuisance. DATED at Edmonton, Alberta, 19 June, 2018 Verbal Order provided to Daniel Barron on June 18, 2018 (Original Signed) Meaghen Allen, CPHI(C) Executive Officer Environmental Health Officer

5 Page 5 of 6 You have the right to appeal A person who a) is directly affected by a decision of a Regional Health Authority, and b) feels himself aggrieved by the decision may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to: Public Health Appeal Board c/o Central Reception Main Floor, Telus Plaza North Tower Jasper Avenue NW Edmonton, Alberta, T5J 1S6 Phone: Fax: HealthAppealBoard@gov.ab.ca Website: A Notice of Appeal form may be obtained by contacting Alberta Health Services at or by contacting the Public Health Appeal Board. Health Legislation, Regulations and Standards Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Copies of standards are available by contacting the Health Protection Branch of Alberta Health at or by visiting:

6 Page 6 of 6 Edmonton HSBC Building Environmental Public Health Suite 700, Street NW, Edmonton, Alberta, Canada T5J 2Y2