Environmental Public Health ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE To: Rinke Homes And Carmen Rinke And To: RE: All Occupant(s) of the following Housing premises: SW-13-07-03-W5M Plan 628HX, Block H, M.D. of Pincher Creek Rental premise located at SW 13-07-03-W5M Plan 628HX, Block H, M.D. of Pincher Creek 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. Water damage in and around electrical panel. b. No casing around window in kitchen. Area is not cleanable or in good condition. c. Ceiling in living room has significant water damage and mold growth, ceiling is falling down in several areas. d. Water damage in doorway between kitchen and bathroom e. Ceiling water damage in upstairs middle bedroom f. North wall in Upstairs West bedroom is damaged. g. Floor coverings in kitchen have several holes. h. Hole in ceiling above dryer. i. Temperature upstairs was -1C to 6C. j. Furnace is non-functional. k. Photographic evidence suggests that an uninspected septic tank/system was installed approximately December 12, 2012. l. No emergency egress in bedroom as the door leading to the exterior is not operable. m. Main floor bathroom sink drain is leaking. n. Main floor bathroom cabinet is in disrepair. o. 50cm X 30cm Hole in the wall in the tub surround. Tub surround is not waterproof. p. Main floor bathtub is in disrepair. q. Upstairs bathroom toilet is missing tank lid. r. Sink in upstairs bathroom is damaged. s. Several areas of house have evidence of water damage due to roof leaking including: Kitchen, Living room, hallway, downstairs bathroom and upstairs areas. t. West window in living room shows significant water damage, and decay. u. Sliding door in living room has water damage and is not weatherproof.
Page 2 of 6 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. Housing Regulation AR 173/99 s4 Water damage in and around electrical panel which is in 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. b. Housing Regulation AR 173/99 s4 No casing around window in kitchen. Area is not cleanable or in good condition 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. c. Housing Regulation AR 173/99 s4 Ceiling in living room has significant water damage and mold growth, Ceiling is falling down in several areas which is in 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. d. Housing Regulation AR 173/99 s4 Water damage in doorway between kitchen and bathroom which is in 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. e. Housing Regulation AR 173/99 s4 Ceiling water damage in upstairs middle bedroom which is in 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. f. Housing Regulation AR 173/99 s4 North wall in Upstairs West bedroom is 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 maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. g. Housing Regulation AR 173/99 s4 Floor coverings in kitchen have several holes 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. h. Housing Regulation AR 173/99 s4 Hole in ceiling above dryer 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. i. Housing Regulation AR 173/99 s4
Page 3 of 6 Temperature upstairs was -1C to 6C which is in contravention of section IV(8)(b) of the Minimum Housing and Health Standards which states that: When the outside temperature is colder than the winter design temperature as referenced in the Alberta Building Code(97) Section 2.2.1.1 and Appendix C, then the Executive Officer may permit an indoor temperature of less than 22C(71F) but greater than 16C (60F). j. Housing Regulation AR 173/99 s4 Furnace is non-functional which is in contravention of 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 220C(710F), or maintained at a temperature of at least 220C(710F) when the control of the supplied heat in a dwelling is the responsibility of a person other than the occupant. k. Housing Regulation AR 173/99 s4 Photographic evidence suggests that an uninspected septic tank/system was installed approximately December 12, 2012 which is in 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. l. Housing Regulation AR 173/99 s4 No emergency egress in bedroom as the door is not operable which is in contravention of section III(3)(b) of the Minimum Housing and Health Standards which states that: For buildings of 3 stories 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. m. Housing Regulation AR 173/99 s4 Main floor bathroom sink drain is leaking which 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. n. Housing Regulation AR 173/99 s4 Main floor bathroom cabinet is in disrepair which is in 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. o. Housing Regulation AR 173/99 s4 50cm X 30cm Hole in the wall in the tub surround. Tub surround is not waterproof which is in 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. p. Housing Regulation AR 173/99 s4 Main floor bathtub is in disrepair which is in 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. q. Housing Regulation AR 173/99 s4 Upstairs bathroom toilet is missing tank lid which is in 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
Page 4 of 6 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. r. Housing Regulation AR 173/99 s4 Sink in upstairs bathroom is damaged which is in 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. s. Housing Regulation AR 173/99 s4 Several areas of house have evidence of water damage due to roof leaking including: Kitchen, Living room, hallway, downstairs bathroom and upstairs areas which is in contravention of section III(2)(a) of the Minimum Housing and Health Standards which states that: The roof and exterior cladding of walls shall be maintained in a waterproof, windproof and weatherproof condition. t. Housing Regulation AR 173/99 s4 West window in living room shows significant water damage, and decay 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 weatherproof. u. Housing Regulation AR 173/99 s4 Sliding door in living room has water damage and is not weatherproof 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 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 March 31, 2014. 2. That the owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Electrical panel must be inspected by licensed electrician. Written documentation must be received by this office declaring the electrical panel has been inspected and is safe. If the electrical panel is not safe, it must be repaired by a licensed electrician to make it safe. b. Casing around kitchen window must be finished so it smooth and cleanable. c. Entire ceiling in living room must be removed, inspected for mold and water damaged materials and replaced. All moldy and water damaged materials must be removed and replaced.
Page 5 of 6 d. All water damaged materials in doorway must be removed, inspected for mold and replaced. e. Water damaged areas of ceiling must be removed, inspected for water damaged and moldy materials and replaced. f. Damaged North wall in upstairs West bedroom must be repaired. g. Floor coverings in kitchen must be replaced. h. Hole in ceiling above dryer must be repaired. i. Housing premise must be able to maintain a minimum temperature of 22C. j. Furnace and ducts must be inspected and repaired so it can maintain the temperature of the entire premise above 22C. k. The housing premise must be connected to a lawful, inspected sewer system. A copy of the septic system inspection report must be forwarded to this office. l. Sliding door must be replaced so there is emergency egress in bedroom. m. Main floor bathroom sink must be repaired so it drains properly. n. Main floor bathroom cabinet must be replaced. o. Entire existing tub surround must be removed and replaced. All joints must be sealed so the entire new tub surround is waterproof. p. Bath tub must be removed and replaced. q. Replace toilet tank lid. r. Replace upstairs bathroom sink. s. The roof must be repaired/replaced so that is windproof, waterproof and weatherproof. t. West window in living room must be replaced. u. Sliding door in living room must be replaced. 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. 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 Pincher Creek, Alberta, March 7, 2014. Confirmation of a verbal order issued to Carmen Rinke on March 7, 2014. Michael Swystun, 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
Page 6 of 6 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 Reception, Main Floor. Telus Plaza, 10025 Jasper Avenue, Edmonton, Alberta, T5J 1S6, Telephone 780-427-2813 Fax 780-422-0914. 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 780-342-0122 or the Public Health Appeal Board 780-427-2813. 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 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 Environmental Public Health Box 968, Pincher Creek, AB, T0K 1W0 www.albertahealthservices.ca/eph.asp