ORDER OF AN EXECUTIVE OFFICER UNFIT FOR HUMAN HABITATION

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER UNFIT FOR HUMAN HABITATION To: And To: RE: Ken Beer All Occupant(s) of the following Housing premises: Street Edmonton, Alberta Plan 5850R, Block 19, Lot 1 WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above 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 the prevention or suppression of disease, namely: Note: A complete inspection of the premise was unable to be conducted due to excessive amounts of storage items located on the main floor. Some areas of the main floor were accessed by a small path of approximately 18 inches. a. There was evidence of foundation disrepair observed in the basement. There was spauling and crumbling of the foundation walls indicating possible structural issues. b. There was no gas supply to the house and therefore no heat was being provided to the premise. c. There was no hand sink in the bathroom and therefore no hand washing facilities were available. d. There was no toilet in the bathroom and therefore no waste disposal facilities were available. e. There was no faucet or shower head in the bathtub and therefore no bathing facilities were available. f. There were exposed electrical wires in the basement which creates an electrical hazard. g. Electrical outlet and switch covers were missing throughout the house which creates an electrical hazard. h. There was no handrail on the stairwell to the top floor or on the stairwell to the basement which creates the potential for a fall hazard. i. There was no guardrail on the top floor stairwell which creates the potential for a fall hazard. j. The flooring throughout the premise was in a state of disrepair. There was exposed underlay, plywood subfloor and baseboards missing throughout. The flooring could not be properly cleaned allowing for the accumulation of dirt, debris and vermin.

2 k. The walls throughout the premise were in a state of disrepair. There was gyprock exposed in areas where the wall was not finished or painted and therefore could not be properly cleaned allowing for the accumulation of dirt and debris. l. There was less than 5 percent floor space available on the main floor which was full of electrical equipment, construction materials, paint, shelving and other items which could pose a tripping or falling hazard. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Regulations there under exist in and about the above noted premises, namely: a. Housing Regulation 173/99 s.4 There was evidence of foundation disrepair observed in the basement which is a contravention of section 1(a, b, d) of the Minimum Housing and Health Standards which states that (a) the housing premises shall be structurally sound. (b) Basements, cellars or crawl spaces shall be structurally sound, maintained in good repair and free from water infiltration and accumulation. (d) Repairs or modifications required by the Executive Officer of any structural element of the housing premises may require the design and/or supervision of a professional structural engineer or a Safety Codes Officer (Building Discipline). b. Housing Regulation 173/99 s.4 There was no gas supply to the house which is a contravention of section 8(d) of the Minimum Housing and Health Standards which states that every owner of a housing premises shall ensure a continuous supply of electricity, water and heat unless the rental agreement stipulates that such utility services are the sole responsibility of the occupant. c. Housing Regulation 173/99 s.4 There was no hand sink in the bathroom which is a contravention of section 6(c) and 7 of the Minimum Housing and Health Standards which states that (c) All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. 7 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. Housing Regulation 173/99 s.4 There was no toilet in the bathroom which is a contravention of section 6(c) and 7 of the Minimum Housing and Health Standards which states that (c) All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. 7 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. e. Housing Regulation 173/99 s.4 There was no faucet or shower head in the bathtub which are contraventions of section 6(c) and 7 of the Minimum Housing and Health Standards which states that (c) All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. 7 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.

3 f. Housing Regulation 173/99 s.4 There were exposed electrical wires in the basement which creates an electrical hazard which is a 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. Housing Regulation 173/99 s.4 Electrical outlet and switch covers were missing throughout the house which creates an electrical hazard which is a 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. h. Housing Regulation 173/99 s.4 There was no handrail on the stairwell to the top floor or on the stairwell to the basement which are contraventions of section 3(c) of the Minimum Housing and Health Standards which states that interior 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.. i. Housing Regulation 173/99 s.4 There was no guardrail on the top floor stairwell which is a contravention of section 3(c) of the Minimum Housing and Health Standards which states that interior 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. j. Housing Regulation 173/99 s.4 The flooring throughout the premise was in a state of disrepair. There was exposed underlay, plywood subfloor and baseboards missing throughout which is a contravention of section 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. k. Housing Regulation 173/99 s.4 The walls throughout the premise were in a state of disrepair. There was gyprock exposed in areas where the wall was not finished or painted which is a contravention of section 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. Nuisance and General Sanitation Regulation 243/2003 s.2 There was less than 5 percent floor space available on the main floor which was full of electrical equipment, construction materials, paint, shelving and other items which is a contravention of Part 1, section 2(1) which states that no person shall create, commit or maintain a nuisance, and 2(2)(a) which states that without limiting the generality of subsection (1), a person who creates, commits or maintains (a) any premises in a condition that is or might become injurious or dangerous to the public

4 health or that might hinder in any manner the prevention or suppression of disease is deemed to have created, committed or maintained a nuisance. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Unfit for Human Habitation. NOW THEREFORE, I hereby ORDER and DIRECT: a. That the occupants vacate the above noted premises on or before November 04, b. That the owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Obtain the services of a Professional Engineer, registered in the Province of Alberta. The Engineer must provide a structural certification report to you, Edmonton Zone, Alberta Health Services, and to Housing Services Safety Codes Officer (Building Discipline) with the City of Edmonton. The report shall: a) Provide the Engineer's professional opinion on the structural integrity of the entire building, with specific comment on the individual components thereof (including the foundation, support structure, ceilings, floors, and roof) and whether the building is safe for occupancy. b) Be affixed with the Engineer's signature and professional seal. c) Be accompanied by a detailed design repair method, complete with drawings or plans and be affixed with the Engineer's signature and professional seal. d) If the Engineer's Report identifies required repairs in accordance with item (c) above you must provide a written construction schedule outlining the start and completion date for each item identified in the Engineer's design repair method. b. Ensure there is a continuous supply of electricity, water and heat unless the rental agreement stipulates that such utility services are the sole responsibility of the occupant. c. Install a hand sink that is serviceable, free from leaks, trapped and vented to the outside. d. Install a toilet that is serviceable, free from leaks, trapped and vented to the outside. e. Install a faucet and shower head in the bathtub that is serviceable, free from leaks, trapped and vented to the outside. f. Ensure all outlets, switches and fixtures are properly installed and are maintained in a good and safe working condition. Please provide to this

5 office a detailed electrical inspection report for the premises from a qualified electrician. g. Install a handrail on the stairwell to the basement and on the stairwell to the top floor to comply with the requirements of the current Alberta Building Code. h. Install a guardrail at the top of the stairwell on the top floor to comply with the requirements of the current Alberta Building Code. i. Ensure all walls, windows, ceilings, floors, and floor coverings are maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. j. Remove the paint and other storage materials from the premise to a level that does not create a fall hazard and to one which general sanitation can be maintained. c. 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 vacant and secure from unauthorized entry. 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 Edmonton, Alberta, October 31, 2011, (Original Signed) Lena Jobb, BSc., BEH(AD), 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 within ten (10) days after receiving the order to the Public Health Appeal Board located at 24 th Floor, Telus Plaza, Jasper Avenue, Edmonton, Alberta, T5J 1S6. Telephone (780) 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 (780) , or the Public Health Appeal Board (780) You are advised that all orders remain in effect pending such an appeal

6 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 & Wellness at (780) , or by visiting: