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Environmental Public Health

ORDER OF AN EXECUTIVE OFFICER


UNFIT FOR HUMAN HABITATION
ORDER TO VACATE
To:

1443028 Alberta Ltd


the owner

Tasneem Gohar
the owner

Home Placements Systems


property manager

Gohar (Carmen) Pervez


property manager

And To:

All Occupant(s) of the following Housing premises:

RE:

Those housing premises located in Edmonton, Alberta and municipally described as:
11234 86 Street, Edmonton, Alberta

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. There was evidence of a sewer backup in the basement: there was water pooling in the
furnace room that appeared to be coming from underneath the elevated subfloor of the
adjacent kitchen, and there was a strong odour of sewage noted in both the basement suite
and the main floor suite.
b. The headroom clearance was measured at approximately 173 cm (68 inches) in places,
which is not appropriate as living space.
c. The basement NE bedroom window opened to approximately 317.5 mm (12 inches) by
368 mm (14 inches), and was not adequate as a secondary means of egress in case of
fire or other emergency.
d. There was evidence of water infiltration in the basement bathroom ceiling, and had
bubbling paint and damaged ceiling materials.
e. The wall/casing was damaged at the bottom of the stairs leading to the basement.
f. The basement kitchen window sill and surrounding casing materials were water damaged.
g. The basement bathroom shower nozzle was secured by adhesive tape, and not maintained
in good repair.
h. The basement bathroom door could not properly closed due to its binding with the door
frame.
i. The upstairs smoke alarm was not operational at the time of inspection.
j. The upstairs bathroom light was not properly operational, would not turn on at the time of
inspection.
k. The upstairs kitchen window was cracked.

Order of an Executive Officer Unfit for Human Habitation - Order to Vacate


RE:
The premises located in Edmonton, Alberta and municipally described as: 11234 86 Street
Page 2 of 6

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The insect screen was missing for the basement NE bedroom window.
The insect screen was missing for the basement SE bedroom window.
The insect screen was missing for the basement kitchen window.
The insect screen was missing for the basement living room window.
The insect screen was missing for the upstairs NE bedroom window.
The insect screen was missing for the upstairs NW bedroom window.
The insect screen was missing for the upstairs living room window.
The insect screen was missing for the upstairs kitchen window.

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. There was evidence of a sewer backup in the basement, which is a contravention of
section IV(6) of the Minimum Housing and Health Standards which states that: Every
housing premises shall be connected to the public sewage system, or to an approved
private sewage disposal system. (a) 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. (b) Adequate
water volume and pressure shall be provided to ensure the proper operation and flushing of
all fixtures. (c) All plumbing fixtures shall be serviceable, free from leaks, trapped and
vented to the outside.
b. The basement NE bedroom window opened to approximately 12 inches by 14 inches
which is a contravention of section III(3)(b)(i) of the Minimum Housing and Health
Standards which states that: For buildings of 3 storeys 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.
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).
c. There was evidence of water infiltration in the basement bathroom ceiling, and had
bubbling paint and damaged ceiling materials which is in 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. (a) Rooms containing a
flush toilet and/or a bathtub or shower shall have walls and floors that are smooth, nonabsorbent 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 wall/casing was damaged at the bottom of the stairs leading to the basement which is
in 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. (a) 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 basement kitchen window sill and surrounding casing materials were water damaged
which is in 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

Order of an Executive Officer Unfit for Human Habitation - Order to Vacate


RE:
The premises located in Edmonton, Alberta and municipally described as: 11234 86 Street
Page 3 of 6

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maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition
that renders it easy to clean. (a) 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 basement bathroom shower nozzle was secured by adhesive tape, and not maintained
in good repair which is a contravention of 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.
The basement bathroom door could not properly closed due to its binding with the door
frame which is in contravention of section III of the Minimum Housing and Health Standards
which states that: The owner shall ensure that the housing premises is structurally sound,
in a safe condition, in good repair, and maintained in a waterproof, windproof and
weatherproof condition.
The upstairs smoke alarm was not operational at the time of inspection which is a
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.
The upstairs bathroom light was not properly operational which is a 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.
The upstairs kitchen window was cracked which 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 weather proofed.
The window screen was missing for the 3rd floor West bedroom which 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.
The insect screen was missing for the basement NE bedroom window which 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.
The insect screen was missing for the basement SE bedroom window which 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..
The insect screen was missing for the basement kitchen window which 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.
The insect screen was missing for the basement living room window which is in
contravention of section III(2)(b)(iii) of the Minimum Housing and Health Standards which

Order of an Executive Officer Unfit for Human Habitation - Order to Vacate


RE:
The premises located in Edmonton, Alberta and municipally described as: 11234 86 Street
Page 4 of 6

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.
p. The insect screen was missing for the upstairs NE bedroom window which 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.
q. The insect screen was missing for the upstairs NW bedroom window which 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..
r. The insect screen was missing for the upstairs living room window which 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.
s. The insect screen was missing for the upstairs kitchen window which 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..
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:
1. That the occupants vacate the above noted premises on or before Friday September 11,
2015.
2. That the Owner immediately undertake and diligently pursue the completion of the following
work in and about the above noted premises, namely:
a. Retain the services of an
to: assess the
conditions within the above noted premises including the carrying out of
environmental air quality analyses of the interior spaces (including if applicable the
attic, wall and floor cavities, and crawlspaces) for water and mould damage and
perform applicable sampling for asbestos containing materials. Ensure that any
additional renovation work, including painting, reinstallation of drywall and laying of
new flooring and/or sub floors does not occur until suitable air sample results are
received and are to the satisfaction of Alberta Health Services.
b. Investigate the cause of the sewage backup and conduct any necessary repairs.
Provide all related records to this office. Remove all sewage and all water
damaged and/or sewage contaminated materials, including drywall, flooring and
subfloor. Leave the areas open for further assessment by an executive officer
of Alberta Health Services prior to conducting further repairs.

Order of an Executive Officer Unfit for Human Habitation - Order to Vacate


RE:
The premises located in Edmonton, Alberta and municipally described as: 11234 86 Street
Page 5 of 6

c. Clean and sanitize all affected areas, as well as any other areas that was in contact
with the sewage. The premises must be appropriately cleaned and sanitized by a
qualified professional cleaning company trained to manage sewage cleanup. The
decontamination and cleaning must be conducted under the instruction and
guidance of the above mentioned qualified consultant. Provide all related records
to this office.
d. Ensure that all living spaces have a ceiling height of 182.5 cm (72 inches) or
greater.
e. Ensure all bedroom windows are provided with an unobstructed openings with
areas not less than 0.35 m2 (3.8ft2), with no dimension less than 380 mm (15)
f. Remove and replace the water damaged basement bathroom ceiling. Leave the
areas open for further assessment by an executive officer of Alberta Health
Services prior to conducting further repairs.
g. Repair the basement bathroom door so that it properly closes.
h. Ensure that all building materials that have been damaged or show evidence of
deterioration is repaired or replaced. 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 them easy to clean.
i. Ensure all windows and doors are maintained in good repair, free of cracks and
weatherproof and weatherproof.
j. Ensure all openable windows are provided with insect screens during the portion of
the year when there is a need for protection against flies and other flying insects.
k. Ensure all outlets, switches and fixtures are properly installed and maintained in a
good and safe working condition.
l. Repair the basement shower nozzle so that it is in proper operating condition.
Ensure 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.
m. Ensure that a functioning smoke alarm situated on the ceiling by the bedrooms.
n. Ensure 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. Rooms that contain a flush toilet and bathtub or shower
must have walls that are form a watertight joint with each other, the floor, the ceiling
and where applicable with the bathtub or shower.
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 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 of the Public Health Act and regulations, or to prevent a public health
nuisance.
Any building upgrades or modifications may be subject to municipality planning and
development department reviews and the procuring of proper permits.

Order of an Executive Officer Unfit for Human Habitation - Order to Vacate


RE:
The premises located in Edmonton, Alberta and municipally described as: 11234 86 Street
Page 6 of 6

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, August 27, 2015

_____(Original Signed)______
Rebecca Johnson, CPHI(C)
Executive Officer
Alberta Health Services

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
10025 Jasper Avenue NW
Edmonton, Alberta, T5J 1S6
Phone: 780-427-2813
Fax: 780-422-0914
Email: health.appealboard@gov.ab.ca
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

Edmonton HSBC Building Environmental Public Health


Suite 700, 10055 106 Street, and Edmonton, Alberta, Canada T5J 2Y2

www.albertahealthservices.ca/eph.asp

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