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: Truong Dang the Owner And To: All Occupant(s) of the following Housing premises: 59 Emberdale Way SE Basement Suite, Airdrie, Alberta RE: Those housing premises located in Airdrie, Alberta and municipally described as: 59 Emberdale Way SE Basement Suite 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 bedroom window had dimensions of approximately 13 by 19, which is an openable area of approximately 1.72 ft2. b. The bedroom window was provided with a security bar that could not be removed without the use of a screwdriver. c. A tub or shower was not installed in the bathroom. d. The walls of the bathroom were unfinished with multiple large gaps in the drywall and visible gaps between the wall and floor junction. e. The floor of the bathroom was unfinished, absorbent to moisture and not easy to clean. f. The bathroom mechanical ventilation fan had no cover. g. No kitchen sink was installed. h. No stove or acceptable hot plate was available in the kitchen. i. There were no smoke alarms installed in the premises. j. There was evidence of a mouse infestation throughout the premises. Mouse droppings were found on cooking equipment and inside the exposed walls on the insulation. k. Whole sections of drywall and ceiling were not installed in the living room or kitchen areas. l. Throughout the entire suite, sections of installed drywall had damage or were in general disrepair. m. Sections of floor tile were missing at the top of the basement stairs. n. There was a missing floor ventilation cover at the basement entrance, leaving a notable hole on the floor. o. Some electrical outlets and fixtures in the premises were not properly installed and/or appeared unsafe to use. p. The exterior door s weather stripping was damaged, therefore the door was not weathertight.

2 Page 2 of 6 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 bedroom window had dimensions of approximately 13 by 19, which is an openable area of approximately 1.72 ft2. This is in contravention of section III (3)(b)(ii) of the Minimum Housing and Health Standards which states that: Windows referred to in section III(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 ). b. The bedroom window was provided with a security bar that could not be removed without the use of a screwdriver. This is in contravention of section III (3)(b)(iii) of the Minimum Housing and Health Standards which states that: If the window referred III(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. c. A tub or shower was not installed in the bathroom. This is in contravention of section VI (7) of the Minimum Housing and Health Standards which states that: Except where exempt by regulation, 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. d. The walls of the bathroom were unfinished with multiple large gaps in the drywall and visible gaps between the wall and floor junction. This is in contravention of section V (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. e. The floor of the bathroom was unfinished, absorbent to moisture and not easy to clean. This is in contravention of section V (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. f. The bathroom mechanical ventilation fan had no cover. This is in contravention of section V (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.

3 Page 3 of 6 g. No kitchen sink was installed. This is in contravention of section XIV (14)(a)(i) of the Minimum Housing and Health Standards which states that: Every housing premises shall be provided with a food preparation area, which includes: a kitchen sink that is supplied with potable hot and cold water and suitably sized to allow preparation of food, washing utensils and any other cleaning operation. h. No stove or acceptable hot plate was available in the kitchen. This is in contravention of section XIV (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 a refrigerator that are maintained in a safe and proper operating condition. The refrigerator shall be capable of maintaining a temperature of 4 degrees C. i. There were no smoke alarms installed in the premises. This is in contravention of section XII (12) of the Minimum Housing and Health Standards which states that: Smoke alarms within dwellings shall be installed between each sleeping area and the remainder of the suite and, where hallways serve the sleeping areas; the smoke alarms shall be installed within the hallway. j. There was evidence of a mouse infestation throughout the premises. Mouse droppings were found on cooking equipment and inside the exposed walls on the insulation. This is in contravention of section XVI (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. k. Whole sections of drywall and ceiling were not installed in the living room or kitchen areas. This is in contravention of section V (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. l. Throughout the entire suite, sections of installed drywall had damage or were in general disrepair. This is in contravention of section V (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. m. Sections of floor tile were missing at the top of the basement stairs. This is in contravention of section V (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. There was a missing ventilation screen at the front entrance, leaving a notable hole. This is in contravention of section V (5) of the Minimum Housing and Health Standards which

4 Page 4 of 6 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. o. Some electrical outlets and fixtures in the premises were not properly installed and/or appeared unsafe to use. This is in contravention of section XI (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. p. The exterior door s weather stripping was damaged, therefore the door was not weathertight. This is in contravention of section II (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. 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 March 4, That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Remove the non-compliant egress window and ensure the new emergency egress window has an openable area no less than 3.8ft2 (0.35m2) with no dimension less than 15 (380 mm). b. Ensure that the bedroom window can be fully opened at any time without special knowledge or tools. c. Install a tub and/or shower in the bathroom. d. Repair the bathroom walls and ensure the walls are smooth, non-absorbent to moisture, easy to clean, and forms watertight joints with each other, the floor, the ceiling and the bathtub or shower. e. Refinish the bathroom floor so that it is smooth, non-absorbent to moisture, easy to clean, and forms watertight joints with the walls and the bathtub or shower. f. Replace the missing cover on the ventilation fan in the bathroom. g. Install a kitchen sink in the kitchen area. h. Install a stove or provide an approved hot plate in the kitchen area. i. Repair the drywall in the kitchen. Ensure the walls are constructed of an easy to clean material which does not provide harbourage to dirt, grease, and vermin. j. Install a smoke alarm within the hallway close to the bedroom. k. Clean and sanitize all surfaces and materials contaminated with mouse droppings, as well as retain the services of a professional pest management company to inspect, treat, and eradicate the mouse infestation. Provide documentation from the professional pest management company of the work

5 Page 5 of 6 completed to an Executive Officer of Alberta Health Services. Documentation must indicate that treatment was completed and that the infestation is no longer active. l. Install a ceiling in the kitchen and living room areas that is in good repair, free of cracks, holes, and in a condition that renders it easy to clean. m. Complete the installation of the drywall in the living room. Ensure the new and existing walls are in good repair, free of cracks, holes, and in a condition that renders it easy to clean. n. Replace the missing floor tiles at the top of the basement stairs and ensure that the tiles are in good repair, free of cracks, holes, and in a condition that renders them easy to clean. o. Replace the missing ventilation cover on the floor at the top of the basement stairs. p. Ensure all electrical outlets and fixtures throughout the premise are properly installed and safe to use. q. Replace the damaged weather-stripping around the exterior door to the basement. Ensure the door is in good repair, free of cracks and is weatherproof. 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 Airdrie, Alberta, February 7, 2019 Confirmation of a verbal order issued to Truong Dang on February 7, Paul Kascak, CPHI(C) Executive Officer Alberta Health Services

6 Page 6 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, ATB Place 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: Template revised May 8, 2018 AIRDRIE Regional Health Centre 604 Main Street South Airdrie, AB T4B 3K7 Phone: Fax: CLARESHOLM Health Unit nd Street W PO Box 1391 Claresholm, AB T0L 0T0 Phone: Fax: BANFF Health Unit 303 Lynx Street PO Box 1266 Banff, AB T1L 1B3 Phone: Fax: COCHRANE Community Health Centre 60 Grande Boulevard Cochrane, AB T4C 0S4 Phone: Fax: CALGARY - Southport Atrium Southport Road SW Calgary, AB T2W 3N2 Phone: Fax: OKOTOKS Health and Wellness Centre 11 Cimarron Common Okotoks, AB T1S 2E9 Phone: Fax: CANMORE Public Health #104, 800 Railway Avenue Canmore, AB T1W 1P1 Phone: Fax: STRATHMORE Public Health Office 650 Westchester Road Strathmore, AB T1P 1H8 Phone: Fax: