ORDER OF AN EXECUTIVE OFFICER

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER To: Ronald Dagilis Marjorie Dagilis Daryl Ducholke RE: Those housing premises located in St. Albert, Alberta and municipally described as: 44 Dundas Place. 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. There was moisture detected in the flooring around the main and the ensuite toilets. There was moisture detected in the baseboard behind the main toilet. The horizontal surface of the back deck had boards present that showed evidence of rot. The top stair (at the same level of the deck walking surface) of the flight between the deck and the ground showed evidence of rot and was not level. b. There were no screens present on the openable basement windows in the back bedroom, the open area and the laundry area. c. The rear basement room with a bed present had a window that could be opened to a maximum distance of 11.5 inches before jamming. The front basement room with a bed present had a window with an openable area that was 15 inches by 24 inches (2.5 Square feet). These windows were inadequate for egress in the event of a fire or other emergency. d. There was no handrail present on the stairs between the front entryway and the basement. The exterior guard rail around the deck was made of horizontal members that appeared to be easily climbable. The two by four supports for the stairs did not reach the ground. The deck swayed and the stairs sagged during use. e. The main washroom toilet was not working properly. The water level of the toilet tank reservoir decreased without use. The tank was intermittently refilling without use. There was water staining on the sewer pipes of both the main washroom toilet and the ensuite toilet and it was observed dripping from the toilet drains as seen from the basement.

2 Page 2 of 5 f. The following electrical concerns were noted: the lights present in the attached garage flickered and did not put out a consistent light levels; there was a wire end that was not properly marretted. It was reported that when one of the light fixtures is used, the light bulb burns out immediately. It was also reported that when the basement electrical outlet in the back bedroom was used that the lights in the basement went out. g. The element in the oven portion of the stove was in disrepair, the bottom burner was broken in two pieces. 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. There was moisture detected in the flooring around the main and the ensuite toilets. There was moisture detected in the baseboard behind the main toilet. The horizontal surface of the back deck had boards present that showed evidence of rot. The top stair (at the same level of the deck walking surface) of the flight between the deck and the ground showed evidence of rot and was not level. The observed conditions are in contravention to section 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. There were no screens present on the openable basement windows in the back bedroom, the open area and the laundry area. The observed conditions are in contravention of section 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. c. The rear basement room with a bed present had a window that could be opened to a maximum distance of 11.5 inches. The front basement room with a bed present had a window with an openable area that was 15 inches by 24 inches. Neither of these windows were adequate for egress in the event of a fire or other emergency. The minimum dimension of the first window and the openable area of the second window is insufficient. The observed conditions are in contravention of section 3(b)(i-iv) of the Minimum Housing and Health Standards which states that; (i) For buildings of 3 storeys or less and except where a bedroom door provides access directly to the exterior or the suite is sprinklered, each bedroom shall have at least one outside window which may be opened from the inside without the use of tools or special knowledge.(ii) Windows referred to in section 3(b)(i) shall provide unobstructed openings with areas not less than 0.35 m2 (3.8ft2), with no dimension less than 380 mm (15 ).(iii) If the window referred in section 3(b)(i) is provided with security bars, the security bars shall be installed so they may be opened from the inside without the use of any tools or special knowledge. (iv) Notwithstanding section 3(b)(i), (ii) and (iii), alternate provisions for emergency egress may be approved by an executive officer where, after consultation with a safety codes officer, the executive officer is satisfied that the alternate provisions provide for means of emergency egress. d. There was no handrail present on the stairs between the front entryway and the basement. The guard rail around the entire deck was made of horizontal members that appeared to be

3 Page 3 of 5 easily climbable. The two by four supports for the stairs did not reach the ground. The deck swayed and the stairs sagged with movement by the people on them. The observed conditions are in contravention of section 3 (c) (i) of the Minimum Housing and Health Standards which states that: Inside or outside stairs or porches including all treads, risers, supporting structural members, handrails, 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. e. The main floor toilet was not working properly. The water level of the toilet tank reservoir decreased without use. The tank was intermittently refilling without use. There was water staining on the sewer pipes of both main floor toilets and it was observed dripping from both toilet drains as seen from the basement. The observed condition is in contravention to section 6(a) and 6(c) of the Minimum Housing and Health Standards which states that, (a) the plumbing system and the sanitary drainage system,... including drains, fixtures, traps, vents, stacks,... shall be maintained in a proper operating condition. And (c) All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. f. The following electrical concerns were noted: the lights present in the attached garage flickered and did not put out a consistent light levels; there was a wire end that was not properly marretted. It was reported that when one of the light fixtures is used, the light bulb burns out immediately. It was also reported that when the basement electrical outlet in the back bedroom was used that the lights in the basement went out. The observed conditions are in contravention of section 11 of the Minimum Housing and Health Standards which states that: Outlets, switches and fixtures shall be properly installed and shall be maintained in a good and safe working condition. g. The element in the oven portion of the stove was in disrepair, the bottom burner was broken in two pieces. The observed condition is in contravention to section 14(a)(iv) of the Minimum Housing and Health Standards which states that, Every housing premises shall be provided with a food preparation area, which includes: a stove and refrigerator that are maintained in a safe and proper operating condition... NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a) Remove and replace all damaged or deteriorated building materials. b) Ensure all openable windows are equipped with effective insect screens. c) A letter of intent and supporting documentation is to be received by the undersigned confirming that a window that meets all egress requirements or an approved sprinkler system will be installed in all rooms used for sleeping. Alternately an updated lease agreement indicating that the basement rooms are not to be used for sleeping can be provided to the undersigned. d) Install a handrail on the stairs to the basement, and an acceptable guard rail around the exterior balcony. Please note these items should be in compliance with the Alberta

4 Page 4 of 5 Building Code under the auspices of a Safety Codes Officer. e) Repair or replace the defective plumbing components and ensure that the plumbing and drainage systems are free from leaks. f) Ensure all outlets, switches, wiring and fixtures are in good and safe working condition. g) Repair or replace the element in the oven. 2. The work referred to in paragraph 1 shall be completed by the dates indicated below. i. Completion of items e, f, and g are required in 7 days (September 29, 2017) ii. Completion of items a, b, c, and d are required within 30 days (October 22, 2017) 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 St. Albert, Alberta, September 22, 2017 Confirmation of a verbal order issued to Daryl Ducholke on September 22, (Original Signed) Karen Hislop, CPHI(C) Executive Officer Alberta Health Services 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

5 Page 5 of 5 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: St. Albert St. Albert Public Health Centre Environmental Public Health 23 Sir Winston Churchill Avenue, St. Albert, Alberta, Canada T8N 2S7