Download 11834 37 Street Edmonton March 28, 2017

Environmental Public Health
ORDER OF AN EXECUTIVE OFFICER
CLOSED FOR TENANT ACCOMODATION
To:
Maciej Michael Koreniowski
“Owner”
RE:
Municipally known as 11834 – 37 street Edmonton, Alberta
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:
a. The height of the exterior front guard was measured to be 30 ½ inches high which was
too low. The deviation difference was less than 6 feet and greater than two feet. The
design also facilitated climbing.
b. There was visible light seen around the front door when the door was closed indicating a
lack of weather stripping.
c. The electrical outlet in the West Center bedroom room upstairs was missing its electrical
cover plate.
d. The main floor West Center bedroom window was too small for egress. The
unobstructed opening was measured to be 21.5 X 21 inches (451.5 inches squared) or
0.55 m X 0. 53 m (0.29 m2), which was smaller than the required unobstructed opening
of 543 inches squared or 0.35 m2
e. The two basement bedroom windows were too small for egress. The unobstructed
opening was measured to be 16 X 14 inches (224 inches squared) or 0.41 m X 0. 36 m
(0.15 m2), which was smaller than the required unobstructed opening of 543 inches
squared or 0.35 m2.
f. The upstairs bathroom was not supplied with natural or mechanical ventilation. There
was no ventilation fan and the window could not be opened.
g. The wall at the side of the bathtub by the toilet was damaged. Part of a ceramic tile had
been chipped away and another ceramic tile was missing.
h. There was a missing baseboard behind the toilet.
i. The caulking at the base of the counter behind the faucet in the kitchen was lifting and
cracking.
j. The kitchen faucet was extremely loose.
k. There was water damage on the board under the kitchen sink; water staining was seen.
l. The handrail was inadequate; it was an unfinished baseboard that had only been
mounted 25 inches off the floor on unfinished two by fours.
m. There was no guard for the basement stairs.
n. There were unfinished wall areas on the wall leading to the basement area.
o. There was a missing baseboard by the back door.
p. Part of the door trim around the back door was missing.
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 2 of 7
q.
r.
s.
t.
u.
The flooring by the back door was lifting.
There was no window screen for the openable window in the furnace room.
The light for the furnace room was hanging by the electrical wires.
There was water leaking from the drain valve of the hot water tank
The basement was under renovations. There were missing baseboards, some walls
were unfinished, large pieces of drywall were missing and the flooring was inadequate.
v. The basement bathroom was under construction. The bathing area had unfinished
walls, there was no natural or mechanical ventilation, the faucet set for the bathtub had
no handle and was partially rusted, and there were missing baseboards on all the walls.
w. There was severe water damaged and visible mould growth on one of the ceiling tiles in
the basement bathroom.
x. There was a puddle of water on the bathroom floor. The source of water was likely the
washing machine. The baseboard that could be seen in this area was water damaged.
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 height of the exterior front guard was measured to be 30 ½ inches high which was
too low. The deviation difference was less than 6 feet and greater than two feet. The
design also facilitated climbing which is 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, hand 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.
b. There was visible light seen around the front door when the door was closed indicating
a lack of weather stripping which is 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 weather proofed.
c. The electrical outlet in the West Center bedroom room upstairs was missing its
electrical cover plate which is contravention of 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.
d. The main floor West Center bedroom window was too small for egress. The
unobstructed opening was measured to be 21.5 X 21 inches (451.5 inches squared) or
0.55 m X 0. 53 m (0.29 m2), which was smaller than the required unobstructed opening
of 543 inches squared or 0.35 m2 which is contravention of section III(3)(b)(i) 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 m2
(3.8ft2), with no dimension less than 380 mm (15”)
e. The two basement bedroom windows were too small for egress. The unobstructed
opening was measured to be 16 X 14 inches (224 inches squared) or 0.41 m X 0. 36 m
(0.15 m2), which was smaller than the required unobstructed opening of 543 inches
squared or 0.35 m2 which is contravention of section III(3)(b)(i) 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 m2 (3.8ft2), with no
dimension less than 380 mm (15”).
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 3 of 7
f.
g.
h.
i.
j.
k.
l.
m.
n.
The upstairs bathroom was not supplied with natural or mechanical ventilation. There
was no ventilation fan and the window could not be opened which is 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
The wall at the side of the bathtub by the toilet was damaged. Part of a ceramic tile had
been chipped away and another ceramic tile was missing which is 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.
There was a missing baseboard behind the toilet which is 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.
The caulking at the base of the counter behind the faucet in the kitchen was lifting and
cracking which is contravention of 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. which is contravention of
The kitchen faucet was extremely loose which is 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.
There was water damage on the board under the kitchen sink; water staining was seen
which is contravention of section III(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.
The handrail was inadequate; it was an unfinished baseboard that had only been
mounted 25 inches off the floor on unfinished two by fours which is 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, hand 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.
There was no guard for the basement stairs which is 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, hand 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.
There were unfinished wall areas on the wall leading to the basement area which is
contravention of section III(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.
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 4 of 7
o. There was a missing baseboard by the back door which is contravention of section III(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.
p. Part of the door trim around the back door was missing which is contravention of
section III(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.
q. The flooring by the back door was lifting which is contravention of which is
contravention of section III(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.
r. There was no window screen for the openable window in the furnace room which is
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.
s. The light for the furnace room was hanging by the electrical wires which is
contravention of 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.
t. There was water leaking from the drain valve of the hot water tank which is
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.
u. The basement was under renovations. There were missing baseboards, some walls
were unfinished, large pieces of drywall were missing and the flooring was inadequate
which is contravention of section III(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.
v. The basement bathroom was under construction. The bathing area had unfinished
walls, there was no natural or mechanical ventilation, the faucet set for the bathtub had
no handle and was partially rusted, and there were missing baseboards on all the walls
which is 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.
w. There was severe water damaged and visible mould growth on one of the ceiling tiles in
the basement bathroom which is contravention of section III(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.
x. There was a puddle of water on the bathroom floor. The source of water was likely the
washing machine. The baseboard that could be seen in this area was water damaged
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 5 of 7
which is contravention of section III(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
All suites AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby
declared Closed for Tenant Occupancy Purposes.
NOW THEREFORE, I hereby ORDER and DIRECT:
1. That the Owner undertake and diligently pursue the completion of the following work in and
about the above noted premises, namely:
a. Increase the height of the exterior front entrance guard to 36 inches ensuring that the
spindles are no more that 4 inches wide and do not facilitate climbing. Also, install a
proper hand railing and guard for the basement steps. Ensure all Inside or outside
stairs or porches including all treads, risers, supporting structural members, hand
rails, guards and balconies, are maintained in good repair and comply with the
requirements of the Alberta Building Code or a Professional Engineer design.
b. Install weather stripping around the front door. Ensure that all windows and exterior
doors are maintained in good repair, free of cracks and weather proofed.
c. Install a cover plate on the electrical outlet in the Center Main floor bedroom and
repair the furnace room light so this it is not hanging by the electrical wires. Ensure
that all outlets, switches and fixtures are properly installed and maintained in a good
and safe working condition.
d. Replace the upstairs Center bedroom window it is large enough for emergency
egress. Either replace the basement bedroom windows so that they are large
enough for egress or decommission both basement bedrooms and make the
basement area into one large room. Ensure that all rooms that are used for the
purposes of sleeping have windows that provide an unobstructed opening with areas
not less than 0.35 m2 (3.8ft2), and has no dimension less than 380 mm (15”).
e. Equip both bathrooms with natural or mechanical ventilation that is vented to the
exterior of the premises. It the basement bathroom is to be decommissioned the
entire bathroom must be removed and all water lines capped.
f. Either decommission the entire basement bathroom or finish the renovations work.
In the upstairs bathroom a baseboard is required behind the toilet and the wall area
between the bathtub and toilet must be repaired. Ensure that all 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 and ensure that all walls in a bathroom
shower area form a watertight joint with each other, the floor, the ceiling and where
applicable with the bathtub or shower.
g. Redo the caulking behind the faucet in the kitchen area. Ensure that 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.
h. Repair the kitchen faucet and the leaking drain valve on the hot water tank. Ensure
all plumbing fixtures are serviceable, free from leaks, trapped and vented to the
outside
i. Repaint the wall, install a baseboard, repair the trim around the door and re-glue the
flooring in the back door entrance area. Ensure that all walls, windows, ceilings,
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 6 of 7
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. Install a window screen in the furnace area window. Ensure 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 is supplied with effective
screens.
k. Either decommission the entire basement living area or complete the renovations.
Ensure that 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.
l. Remove and replace the ceiling tile and the water damaged baseboard in the
basement bathroom and the bottom of the kitchen cupboard. Ensure that all building
materials that have been damaged or show evidence of rot or other deterioration are
repaired or replaced.
m. Locate and repair the source of the water in the basement bathroom. Ensure that
the housing premises is maintained in such a way that it may not become injurious or
dangerous to the public health, including any condition that may hinder in any way
the prevention or suppression of disease.
n. Take any further steps in the interests of preserving and maintaining the health of
any person who may, in the future, occupy the above noted premises as may be
required by the Executive Officer.
2. 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.
Be Advised:
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, March 30, 2017
________ (Original Signed) ______
Ingrid Bohac, CPHI(c )
Executive Officer
Alberta Health Services
tel: (780) 735-1787 fax: (780) 735-1801
Confirmation of an oral order to Owner 28 March 2017.
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
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp
Order of an Executive Officer – Closed for Tenant Accommodation:
The premises located in Edmonton, Alberta and municipally described as: 11834 – 37 street
Page 7 of 7
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
10025 Jasper Avenue NW
Edmonton, Alberta, T5J 1S6
Phone: 780-222-5186
Fax: 780-422-0914
Email: [email protected]
Website: http://www.health.alberta.ca/about/PHAB.html
A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 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 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or
www.qp.gov.ab.ca.
Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer
Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or
www.qp.gov.ab.ca.
Copies of standards are available by contacting the Health Protection Branch of Alberta Health
at
780-427-4518 or by visiting: www.health.alberta.ca/about/health-legislation.html
Template revised December 13, 2016
Edmonton • HSBC Building • Environmental Public Health
Suite 700, 10055 – 106 Street, Edmonton, AB T5J 2Y2 Tel: 780-735-1800 Fax: 780-735-1801
www.albertahealthservices.ca/eph.asp