ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE To: And To: RE: Amanda Munsterman the Owner All Occupant(s) of the following Housing premises: Those housing premises located in Edmonton, Alberta and municipally described as: Avenue NW, Edmonton, AB. (Lot 5, Block 69, Plan RN43B) 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 second floor bathroom handsink was not maintained in a proper operating condition. Drainage was very slow. b. The second floor bathroom baseboards have started to lift and detach. c. Electrical outlet/light covers were missing throughout the premises. d. The second floor bathroom tub/shower caulking has started to lift and detach. e. The second floor west bedroom window pane is cracked. f. There was evidence of water damage on the second floor west bedroom window frame, ceiling and drywall. g. The second floor west bedroom window does not allow for emergency egress as the window does not open h. There was evidence of water damage on second floor south bedroom ceiling. i. There were no operational/installed smoke alarms throughout the premises. j. There was evidence of water damage on the stairwell window along the frame (first/second floor landing). k. The stairwell guards located on the first/second floor landing were loose. l. The handrails located on the first/second floor landing were loose. m. The flooring (laminate) throughout the unit has started to lift and detach. n. The kitchen floor tiles were cracked. o. There was evidence of water damage on the kitchen ceiling. p. There were kitchen cabinet faces missing. q. The kitchen window screen was missing. r. The kitchen faucet handle was in disrepair. s. The kitchen window was not secure and would fall out of the frame when opened. t. The caulking around the kitchen counter was starting to lift and detach. u. The drywall throughout the premises was in disrepair (multiple holes noted). v. The living room window is in disrepair and falls out of its frame when opened.

2 Page 2 of 9 w. The flooring transition strip was missing in the kitchen leading to the basement. x. The flooring transition strip was missing off the back entrance landing leading to the basement stairs. y. The back entrance step was loose and no longer secured. z. The stairwell guards leading to the basement were loose and no longer secured. aa. The basement bathroom handsink was leaking and drained slowly. bb. There was evidence of water damage on the ceiling, drywall, and baseboards of the basement bathroom. cc. The basement bathroom window sill/frame was constructed of an unfinished material that is absorbent to moisture and difficult to clean. dd. The flooring located under the hot water tank was constructed of unfinished material that is absorbent to moisture and difficult to clean. ee. There was evidence of water damage on the basement ceiling above the north window (by the hot water tank). ff. There was evidence of water damage on the basement west wall and window frame (family room/recreational room). gg. The bedroom doors and frames throughout the premises were in disrepair. hh. The basement west bedroom window does not comply with emergency egress requirements. Bedroom window dimensions were noted to be approximately 13 x 22 inches. ii. The main entrances weather-stripping was missing. jj. The main entrance porch guards were loose and no longer secure. kk. The unit was infested with cockroaches and mice. 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: a. The second floor bathroom handsink drainage was not maintained in a proper operating condition. Drainage was very slow. This is in contravention of section IV(6)(c) of the Minimum Housing and Health Standards which states that: All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. b. The second floor bathroom baseboards have started to lift and detach. This is in contravention of section III(5)(a) of the Minimum Housing and Health Standards which states that: Rooms containing a flush toilet and/or a bathtub or shower shall have walls and floors that are smooth, non-absorbent to moisture and easy to clean. All walls shall form a watertight joint with each other, the floor, the ceiling and where applicable with the bathtub or shower. c. The electrical outlet/light covers were missing throughout the premises. This is in contravention of section IV(11) of the Minimum Housing and Health Standards which states that: Every housing premises shall be supplied with electrical service. Outlets, switches and fixtures shall be properly installed and shall be maintained in a good and safe working condition. d. The second floor bathroom tub/shower caulking has started to lift and detach. This is in contravention of section III(5)(a) of the Minimum Housing and Health Standards which states that: Rooms containing a flush toilet and/or a bathtub or shower shall have walls and floors that are smooth, non-absorbent to moisture and easy to clean. All walls shall

3 Page 3 of 9 form a watertight joint with each other, the floor, the ceiling and where applicable with the bathtub or shower. e. The second floor west bedroom window pane is cracked. This is in contravention of 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. f. There was evidence of water damage on the second floor west bedroom window frame, ceiling and drywall. This is in contravention of 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. g. The second floor west bedroom window does not allow for emergency egress as the window does not open.. This is in contravention of 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 ). h. There was evidence of water damage on second floor south bedroom ceiling. This is in contravention of 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. i. There were no operational/installed smoke alarms throughout the premises. This is in contravention of section IV(12)(a) of the Minimum Housing and Health Standards which states that: Smoke alarms shall be operational and in good repair at all times. j. There was evidence of water damage note on the stairwell window along the frame (first/second floor landing). This is in contravention of 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. k. The stairwell guards located on the first/second floor landing were loose. This is in contravention of 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. l. The handrails located on the first/second floor landing were loose. This is in contravention of 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. m. The flooring (laminate) throughout the unit has started to lift and detach. This is in contravention of 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. n. The kitchen floor tiles were cracked. This is in contravention of section III(5)(b) of the Minimum Housing and Health Standards which states that: Rooms and sections of rooms that are used for food preparation and cooking shall have walls and floors constructed of materials which do not provide harbourage to dirt, grease, vermin and bacteria and that are easily kept clean.

4 Page 4 of 9 o. There was evidence of water damage on the kitchen ceiling. This is in contravention of 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. p. There were kitchen cabinet faces missing. This is in contravention of section IV(14)(a)(iii) of the Minimum Housing and Health Standards which states that: Every housing premises shall be provided with a food preparation area, which includes: a counter or table used for food preparation which shall be of sound construction and furnished with surfaces that are easily cleaned. q. The kitchen window screen was missing. This is in contravention of 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. r. The kitchen faucet handle was in disrepair. This is in contravention of section IV(6)(c) of the Minimum Housing and Health Standards which states that: All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. s. The kitchen window was not secure and would fall out of the frame when opened. This is in contravention of 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. t. The caulking around the kitchen counter was starting to lift and detach. This is in contravention of section III(5)(b) of the Minimum Housing and Health Standards which states that: Rooms and sections of rooms that are used for food preparation and cooking shall have walls and floors constructed of materials which do not provide harbourage to dirt, grease, vermin and bacteria and that are easily kept clean. u. The drywall throughout the premises was in disrepair (multiple holes noted). This is in contravention of 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. v. The living room window would fall out of its frame when opened. This is in contravention of 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. w. The flooring transition strip was missing in the kitchen leading to the basement. This is in contravention of 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. x. The flooring transition strip was missing off the back entrance landing leading to the basement stairs. This is in contravention of 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. y. The back entrance step was loose and no longer secured. This is in contravention of 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.

5 Page 5 of 9 z. The stairwell guards leading to the basement were loose and no longer secured. This is in contravention of 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. aa. The basement bathroom handsink was leaking and drained very slowly. This is in contravention of section IV(6)(a) of the Minimum Housing and Health Standards which states that: The plumbing system and the sanitary drainage system or private sewage disposal system, as the case may be, including drains, fixtures, traps, vents, stacks, waste disposal facilities, pumpout sewage holding tanks, septic tanks and the disposal system shall be maintained in a proper operating condition. bb. There was evidence of water damage on the ceiling, drywall, and baseboards of the basement bathroom. This is in contravention of 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. cc. The basement bathroom window sill/frame was constructed of an unfinished material. This is in contravention of section III(5)(a) of the Minimum Housing and Health Standards which states that: Rooms containing a flush toilet and/or a bathtub or shower shall have walls and floors that are smooth, non-absorbent to moisture and easy to clean. All walls shall form a watertight joint with each other, the floor, the ceiling and where applicable with the bathtub or shower. dd. The flooring located under the hot water tank was constructed of unfinished material. This is in contravention of 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. ee. There was evidence of water damage on the basement ceiling above the north window (by the hot water tank). This is in contravention of 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. ff. There was evidence of water damage on the basement west wall and window frame (family room/recreational room). This is in contravention of 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. gg. The bedroom doors and frames throughout the premises were in disrepair. This is in contravention of 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. hh. The basement west bedroom window does not comply with emergency egress requirements. Bedroom window dimensions were noted to be approximately 13 x 22 inches. This is in contravention of 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 ).

6 Page 6 of 9 ii. The main entrances weather-stripping was missing. This is contravention of 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. jj. The main entrance porch guards were loose and no longer secure. This is in contravention of 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. kk. The unit was infested with cockroaches and mice. This is in contravention of section V(16)(a) of the Minimum Housing and Health Standards which states that: The owner shall ensure that the housing premises are free of insect and rodent infestations. 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 occupants vacate the above noted premises on or before June 1, That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. As this building potentially contains hazardous materials and/or was built prior to 1990, you must retain the services of a Licensed Environmental Consultant or Industrial/Occupational Health Hygienist, approved by Alberta Health Services; and, prior to any renovations being completed, you must have the Environmental Consultant assess the conditions within the above noted premises including applicable sampling for asbestos containing materials and carrying out of environmental air quality analyses of the interior spaces (including the attic, ceiling and wall and floor cavities) for water and mould damage. Provide a detailed assessment report and scope of work plan including a hazardous materials audit and management plan, as prepared by the Environmental Consultant, for review by Alberta Health Services. Ensure that any additional renovation work, including painting, reinstallation of drywall and laying of new flooring and/or sub floors does not occur until suitable air sample results are received and are to the satisfaction of Alberta Health Services. The owner is responsible for ensuring that any work is conducted in safe manner. b. Ensure all water damaged material is removed and replaced by a Licensed Environmental Consultant or Industrial/Occupational Health Hygienist, approved by Alberta Health Services. They must:

7 Page 7 of 9 i. Assess the conditions within the above noted premises including carrying out of environmental air quality analyses of the interior spaces (including the attic, wall and floor cavities, and crawlspaces) for water and mould damage. ii. Remove the water damaged material. Prior to repairing and closing up the impacted material contact an Executive Officer of Alberta Health Services for approval to proceed. The area must be opened, dried and cleaned. iii. Testing and reporting shall follow the requirements outlined in Alberta Health Services Fungal Air Testing Protocol and must include extensive intrusive and destructive testing and shall include inspection and assessment of hidden cavities and surfaces such as, but not limited to, cutting access holes (or using boroscopes) into walls and ceilings, lifting carpets or vinyl sheet flooring, removing wallpaper for investigation purposes. iv. The consultant s report shall, at a minimum, describe the building construction, finishes, materials and components and the results of their investigations along with recommendations for restoration, repair, and the remediation as required for reoccupation of the building. c. Ensure all smoke alarms are installed and operational at all times. d. Ensure the structural integrity of the exterior roof of the premises is assessed by a qualified contractor and the report provided to this office e. Ensure all bedrooms comply with emergency egress requirements. f. Ensure all electrical outlets/light are equipped with protective cover plates. g. Ensure all exterior windows and doors are in good repair and weatherproofed. h. Ensure all inside or outside handrail, guards, stairs or porches including all treads, risers, supporting structural members, rails, guards and balconies, are maintained in good repair and comply with the requirements of the Alberta Building Code or a Professional Engineer design. i. Ensure all exterior windows intended for ventilation are equipped with screens that are in good repair. j. Ensure all exterior windows and doors are capable of being secured. k. Ensure all walls, ceiling and floors covering are maintained in good repair, free of cracks, holes, loose or lifting covering and in a condition that renders it easy to clean. l. Ensure that all plumbing fixtures (i.e. kitchen faucet and bathroom sink) are serviceable, free from leaks, trapped and vented to the outside. m. Ensure that the housing premises are free of insect and rodent infestations. 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.

8 Page 8 of 9 DATED at Edmonton, Alberta, April 25, Confirmation of a verbal order issued to Amanda Munsterman (Owner) on April 18, (Original Signed) Alaa (Al) Farhat, CPHI(C) Executive Officer Environmental Health Officer 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:

9 Page 9 of 9 Edmonton HSBC Building Environmental Public Health Suite 700, Street NW, Edmonton, Alberta, Canada T5J 2Y2