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: Amy Shun-Foon Wong the Owner Albert Wong the Manager And To: All Occupant(s) of the following Housing premises: Street NW Unit 8 RE: Those housing premises located in Calgary, Alberta and municipally described as: Street NW Unit 8 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. A smoke alarm was not installed. b. The main entry door for the unit was missing. c. There was no heat in the unit. The surface temperature readings of the baseboard heaters were between 13.6 and 15.8 degrees Celsius. d. When the hot water knobs at faucets throughout the unit were turned on, no water came out of the faucet. Only cold water came out of the faucets when the cold water knobs were turned on. e. The lock on the bedroom/living room window was broken rendering the unit unsecure. f. There was no refrigerator. g. The stove top was filthy and the kitchen range was not plugged in. h. The bathroom light fixture was hanging by its electrical wires. i. The kitchen sink was clogged. There was standing dirty water and garbage in the sink. j. The entire unit was filthy. There were brown moisture streaks down the bathroom walls. The unit floors were cluttered with garbage. There was rotten food on the kitchen counter top as well as inside the kitchen cupboards and drawers. k. There were multiple cracks in the acrylic bathtub surround. The joints of the bathtub surround were not sealed; tape was placed over the bathtub surround joints in an attempt to seal them. l. The bathroom ventilation fan did not work. m. There was no cover on the bathroom ventilation fan. n. Caulking along the interior perimeter of the bathtub surround was worn, discoloured and peeling. o. The joint between the bathroom handsink and the wall was not sealed. p. There was a hole in the bathroom wall to the left of the handsink mirror.

2 Page 2 of 6 q. The side edge trim of the kitchen counter top was missing, tape was installed over the edges of the counter top. r. The joint of the kitchen backsplash between the counter top and the wall was not sealed. s. The insect screen for the bedroom/living room window was missing. 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. A smoke alarm was not installed. This contravenes 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. b. The main entry door for the unit was missing. This contravenes section III(3)(a) of the Minimum Housing and Health Standards which states that: Exterior windows and doors shall be capable of being secured. c. There was no heat in the unit. The surface temperature readings of the baseboard heaters were between 13.6 and 15.8 degrees Celsius. This contravenes section IV(8)(a)(i) of the Minimum Housing and Health Standards which states that: All heating facilities within a housing premises are to be properly installed and maintained in good working condition, and be capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms within the building to a temperature of at least 22 C(710F), or maintained at a temperature of at least 22 C(710F) when the control of the supplied heat in a dwelling is the responsibility of a person other than the occupant. d. When the hot water knobs at faucets throughout the unit were turned on, no water came out of the faucet. Only cold water came out of the faucets when the cold water knobs were turned on. This contravenes section IV(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; And section IV(7)(a) of the Minimum Housing and Health Standards which states that: The washbasins and bathtub or shower shall be supplied with potable hot and cold running water. And section IV(9)(a) of the Minimum Housing and Health Standards which states that: All hot running water shall be maintained at a temperature of not less than 46 C (114F), and not more than 60 C (140F) measured at the plumbing fixture. e. The lock on the bedroom/living room window was broken rendering the unit unsecure. This contravenes section III(3)(a) of the Minimum Housing and Health Standards which states that: Exterior windows and doors shall be capable of being secured. f. There was no refrigerator. This contravenes section IV(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. g. The stove top was filthy and the kitchen range was not plugged in. This contravenes section IV(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.

3 Page 3 of 6 h. There bathroom light fixture was hanging by its electrical wires. This contravenes 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. i. The kitchen sink was clogged. There was standing dirty water and garbage in the sink. This contravenes 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. j. The entire unit was filthy. There were brown moisture streaks down the bathroom walls. The unit floors were cluttered with garbage. There was rotten food on the kitchen counter top as well as inside the kitchen cupboards and drawers. This contravenes section 5(2) of the Housing Regulation, 2001 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. k. There were multiple cracks in the acrylic bathtub surround. The joints of the bathtub surround were not sealed; tape was placed over the bathtub surround joints in an attempt to seal them. This contravenes 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. l. The bathroom ventilation fan did not work. This contravenes 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. m. There was no cover on the bathroom ventilation fan. This contravenes 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 n. Caulking along the interior perimeter of the bathtub surround was worn, discoloured and peeling. This contravenes 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. o. The joint between the bathroom handsink and the wall was not sealed. This contravenes 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. p. There was a hole in the bathroom wall to the left of the handsink mirror. This contravenes 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 6 q. The side edge trim of the kitchen counter top was missing, tape was installed over the edges of the counter top. This contravenes 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. r. The joint of the kitchen backsplash between the counter top and the wall was not sealed. This contravenes 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. s. The insect screen for the bedroom/living room window was missing. This contravenes 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. 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 November 27, That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Install a smoke alarm in the hallway between bedrooms and ensure it is operational at all times. b. Install a main entry door for the unit that fits properly into the frame and ensure it can be properly secured. c. Repair the heating system and ensure it is capable of maintaining all habitable rooms and the bathroom at a temperature of at least 22 degrees Celsius. d. Ensure there is hot water at all faucets within the unit. Hot water must maintain a temperature of at least 46 degrees Celsius, but no greater than 60 degrees Celsius. e. Repair or replace the lock on the bedroom/living room window. Ensure the window can be secured. f. Install a working refrigerator in the kitchen. g. Clean the stove top and properly install the kitchen range. h. Repair the bathroom light fixture. i. Unclog the kitchen sink and repair all plumbing deficiencies. j. Clean the unit floors and walls. Remove all rotten foods, garbage and debris. k. Remove the cracked acrylic bathtub surround. Ensure all potentially damaged building materials behind the acrylic surround are removed. This includes: potentially water damaged and/or mouldy drywall, insulation, and deteriorated wood frame. Schedule a re-inspection with an Alberta Health Services Executive Officer to verify all damaged materials have been removed and to grant

5 Page 5 of 6 permission to reconstruct with new materials. Upon construction ensure all bathtub interior and exterior joints are properly sealed. l. Repair the bathroom ventilation fan. Ensure it effectively draws warm moist air out of the bathroom area. m. Install a cover on the bathroom ventilation fan. n. Seal the joint between the bathroom handsink and the wall. o. Repair the hole in the bathroom wall. p. Remove the tape from the edges of the kitchen counter top and install proper counter top trim along the edges. q. Seal the joint between the kitchen counter top and the wall. r. Ensure all openable windows have effective insect screens installed. 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. The work referred to in paragraph 2 shall be completed by January 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, November 29, Confirmation of a verbal order issued to the manager, Albert Wong, on November 23, Patricia Vernon, CPHI(C) Executive Officer Environmental Health Officer

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, 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: Calgary Southport Environmental Public Health Southport Road SW Calgary, AB, Canada T2W 3N2