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: Ryan Harper the owner All Occupant(s) of the following Housing premises: Street SW RE: Those housing premises located in Calgary, Alberta and municipally described as: Street SW 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: Common: a. There are several holes in the walls in the upstairs main living area, upstairs bathroom, downstairs bathroom, and downstairs main living area. b. There are several holes and damaged finishes in the ceiling in the upstairs main living area, upstairs bathroom, and downstairs main living area. c. The flooring in the upstairs bathroom and downstairs bathroom is damaged and lifting from the subfloor. d. The baseboards in the upstairs and downstairs bathrooms are broken or missing in sections. e. The seals at the joints of the wall and the floor in upstairs and downstairs bathrooms do not form a proper seal or are missing in sections. f. The kitchen floor is damaged and lifting from the subfloor. g. The cabinets and cupboards in the kitchen have sections that are broken, have damaged linoleum coverings and are water damaged. h. There is mould on the ceiling of the upstairs bathroom i. The caulking of the bathtub in the upstairs bathroom is mouldy. j. There is an open drain pipe in the downstairs bathroom. k. There are no guardrails or handrails in the stairwell leading from the main floor to the basement. l. The guardrail on the top of the stairs leading from the back deck to the back yard is 32 inches high. m. The back deck is approximately 10 feet high, with the guard rails surrounding the deck being about 4 feet high. There are posts secured vertically from the railings, but spaced approximately 6 feet apart, with no other fall protection under the railings or between the posts.

2 Page 2 of 9 n. The stairs leading from the back deck to the back yard are not secured to the home. o. There are mouse droppings underneath the kitchen sink. p. There is a strong odour of fecal matter throughout the home. q. There are no smoke alarms installed in the home. r. There is no wash basin in the downstairs bathroom. s. There are no exhaust fans or openable windows in the upstairs and downstairs bathrooms. t. The tub surround for the bathtub in the upstairs bathroom is detaching from the wall. u. One of the panes of glass in the large living room window is broken. v. The two windows on either side of the fireplace do not have insect screens. w. The kitchen window and the two windows on either side of the fireplace are only single paned. Unit 1 (Bedroom on the upper level facing the front yard) x. The openable area of the bedroom window is 14 x 34 inches. Unit 2:(this is the bedroom in the northwest corner of the upper floor of the home) y. The egress window had an openable area of 13 inches by 33.5 inches. z. The non-openable window is single paned. Unit 3: (This is the bedroom that is on the lower level to the left of the stairs, when facing away from the stairs.) aa. There are several holes in the drywall. bb. Neither of the windows in the bedroom are openable. cc. The external pane of glass over the window facing the front yard is broken. Unit 4 (This is bedroom on the lower level, to the right of the stairs, when facing away from the stairs) dd. The back panel under the hand sink is unfinished and water damaged. ee. There is a gap in the wall around the plumbing. ff. The tap for the hand sink is leaking. gg. The bedroom window does not lock. hh. The plastic film on the bedroom window obstructs egress. ii. There are mouse droppings under the hand sink. jj. The bedroom window is cracked. 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: Common a. There are several holes in the walls in the upstairs main living area, upstairs bathroom, downstairs bathroom, and downstairs main living area. This is in contravention of Section III(5) the Minimum Housing and Health Standards which states that: All walls, windows,

3 Page 3 of 9 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. b. There are several holes and damaged finishes in the ceiling in the upstairs main living area, upstairs bathroom, and downstairs main living area. This is in contravention of Section III(5) 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. c. The flooring in the upstairs bathroom and downstairs bathroom is damaged and lifting from the subfloor. 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.. d. The baseboards in the upstairs and downstairs bathrooms are broken or missing in sections 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. e. The seals at the joints of the wall and the floor in upstairs and downstairs bathrooms do not form a proper seal or are missing in sections. 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. f. The kitchen floor is damaged and lifting from the subfloor. 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 harborage to dirt, grease, vermin and bacteria and that are easily kept clean. g. The cabinets and cupboards in the kitchen have sections that are broken, have damaged linoleum coverings and are water damaged. 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 harborage to dirt, grease, vermin and bacteria and that are easily kept clean. h. There is mould on the ceiling of the upstairs bathroom. 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. i. The caulking of the bathtub in the upstairs bathroom is mouldy. 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.

4 Page 4 of 9 j. There is an open drain pipe in the downstairs bathroom. 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. k. There are no guardrails or handrails in the stairwell leading from the main floor to the basement. 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 guardrail on the top of the stairs leading from the back deck to the back yard is 32 inches high. 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 back deck is approximately 10 feet high, with the guard rails surrounding the deck being about 4 feet high. There are posts secured vertically from the railings, but spaced approximately 6 feet apart, with no other fall protection under the railings or between the posts. 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. n. The stairs leading from the back deck to the back yard are not secured to the home.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. o. There are mouse droppings underneath the kitchen sink. 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. p. There is a strong odour of fecal matter throughout the home. This is in contravention of section V(16) of the Minimum Housing and Health Standards which states that: The owner shall ensure that all rooms and other areas used in common by the occupants of the individual dwellings are maintained in a clean and sanitary condition. q. There are no smoke alarms installed in the home. This is in contravention of section IV(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. r. There is no wash basin in the downstairs bathroom. This is in contravention of section IV(7)(b) of the Minimum Housing and Health Standards which states that: The wash basin should be in the same room as the flush toilet or in close proximity to the door leading directly into the room containing the flush toilet. s. There are no exhaust fans or openable windows in the upstairs and downstairs bathrooms. This is in contravention of section IV(7)(c) of the Minimum Housing and Health Standards which states that: All rooms containing a flush toilet and/or bathtub or shower shall be provided with natural or mechanical ventilation.

5 Page 5 of 9 t. The tub surround for the bathtub in the upstairs bathroom is detaching from the wall. 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. u. One of the panes of glass in the large living room window is broken. 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. v. The two windows on either side of the fireplace do not have insect screens. 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. w. The kitchen window and the two windows on either side of the fireplace are only single paned. This is in contravention of section III(2)(b)(ii) of the Minimum Housing and Health Standards which states that: In housing premises intended for use during the winter months, windows in habitable rooms shall protect against cold weather through the provision of a storm sash, double glazing, or other durable thermal/air resistant barrier as may be approved by the executive officer. Unit 1 (Bedroom on the upper level facing the front yard) x. The openable area of the bedroom window is 14 x 34 inches. 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 3(b)(i) shall provide unobstructed openings with areas not less than 0.35 m 2 (3.8ft 2 0, with no dimension less than 380mm (15 ) Unit 2:(this is the bedroom in the northwest corner of the upper floor of the home) y. The egress window had an openable area of 13 inches by 33.5 inches. 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 3(b)(i) shall provide unobstructed openings with areas not less than 0.35 m 2 (3.8ft 2 0, with no dimension less than 380mm (15 ) z. The non-openable window is single paned. This is in contravention of section III(2)(b)(ii) of the Minimum Housing and Health Standards which states that: In housing premises intended for use during the winter months, windows in habitable rooms shall protect against cold weather through the provision of a storm sash, double glazing, or other durable thermal/air resistant barrier as may be approved by the executive officer. Unit 3: (This is the bedroom that is on the lower level to the left of the stairs, when facing away from the stairs.) aa. There are several holes in the drywall. This is in contravention of Section III(5) 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.

6 Page 6 of 9 bb. Neither of the windows in the bedroom are openable. This is in contravention of Section III(3)(b)(i) of the Minimum Housing and Health Standards which states that: For buildings of 3 storey s 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. cc. The external pane of glass over the window facing the front yard is broken. 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. Unit 4 (This is bedroom on the lower level, to the right of the stairs, when facing away from the stairs) dd. The back panel under the hand sink is unfinished and water damaged. This is in contravention of Section III(5) 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 is a gap in the wall around the plumbing. This is in contravention of Section III(5) 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. ff. The tap for the hand sink is leaking. 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. gg. The bedroom window does not lock. This is in contravention of section III(3)(a) of the Minimum Housing and Health Standards which states that: Exterior windows and doors shall be capable of being secured. hh. The plastic film on the bedroom window obstructs egress. This is in contravention of Section III(3)(b)(i) of the Minimum Housing and Health Standards which states that: For buildings of 3 storey s 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. There are mouse droppings under the hand sink. 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. jj. The bedroom window 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. 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 April 10, 2015.

7 Page 7 of 9 2. That the owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: Common: a. Repair and refinish the noted walls. b. Repair and refinish the noted ceilings. c. Remove damaged flooring and install new flooring. d. Install baseboards in noted areas. e. Remove the old seal between the washroom wall and the washroom floor and replace with new sealing material so it forms a water-tight seal. f. Remove damaged kitchen flooring and replace with new kitchen flooring material. g. Remove water damaged cabinets and cupboards and replace with new materials. Repair or replace damaged otherwise damaged cabinets or cupboards. h. Remove all materials covered in mould and refinish all sections of ceiling that were removed. i. Remove mouldy caulking and re-caulk around bathtub. j. Cap drain pipe or install operational plumbing fixture on the drain pipe. k. Install guardrails. l. Increase the height of the noted guardrail to 42 inches. m. Install spindles no more than 4 inches apart all along the rear deck. n. Repair or replace stairs so they are secure. o. Inspect, assess and eradicate the mouse infestation. p. Clean and sanitize all non-absorbent materials that are contaminated with fecal matter. Remove and dispose of all absorbent materials that are contaminated with fecal matter. q. Install smoke alarms. r. Install wash basin in the bathroom. s. Install a mechanical fan that is vented to the outside or install a window for natural ventilation in both washrooms. t. Re-attach and re-seal tub surround to the wall or alternatively replace tub surround. u. Replace broken glass in the large living room window. v. Install insect screens. w. Replace or modify window so it meets weather proofing requirements as stated in the Minimum Housing and Health Standards. Unit 1(Bedroom on the upper level facing the front yard): x. Replace or modify window to meet fire egress requirements as stated in the Minimum Housing and Health Standards. Unit 2(This is the bedroom in the northwest corner of the upper floor of the home) y. Replace or modify window to meet fire egress requirements as stated in the Minimum Housing and Health Standards. z. Replace or modify window so it meets weather proofing requirements as stated in the Minimum Housing and Health Standards.

8 Page 8 of 9 Unit 3(This is the bedroom that is on the lower level to the left of the stairs, when facing away from the stairs.) aa. Repair and refinish holes in the drywall. bb. Replace or modify at least one of the windows to meet fire egress requirements as stated in the Minimum Housing and Health Standards. cc. Replace broken glass in window facing the front yard. Unit 4 (This is bedroom on the lower level, to the right of the stairs, when facing away from the stairs) dd. Remove water damaged material under the sink, replace with new building materials and completely finish under hand sink. ee. Fill gap in wall around the plumbing and completely finish the wall. ff. Fix leak in the hand sink. gg. Install lock hh. Replace or modify window so it meets fire egress requirements as stated in the Minimum Housing and Health Standards. ii. Inspect, assess and eradicate the mouse infestation jj. Replace cracked window. 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. 4. All the work referred to in paragraph 2 above shall be completed by no later than July 31, 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 Calgary Alberta, March 18, 2015 Confirmation of a verbal order issued to property manager, Steve McCloy on March 13, 2015 Jim Moore BSc, BTech, 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

9 Page 9 of 9 may appeal the decision within ten (10) days after receiving the order to the Public Health Appeal Board located at Reception, Main Floor. Telus Plaza, Jasper Avenue, Edmonton, Alberta, T5J 1S6, Telephone Fax The terms of this Order remain in effect notwithstanding the filing or proposed filing of any such appeal. If you appeal, you may also make an application to the Board for a stay of this Order pending the appeal. A copy of the Public Health Appeal form may be obtained by contacting Alberta Health Services at or the Public Health Appeal Board You are advised that all orders remain in effect pending such an appeal 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: Calgary Southport Atrium Environmental Health Southport Road SW, Calgary, Alberta, Canada T2W 3N2