15021 118 St. - Alberta Health Services

Environmental Public Health 

ORDER OF AN EXECUTIVE OFFICER 

UNFIT FOR HUMAN HABIATATION 

ORDER TO VACATE 

To: Samir Holdings Mahboob, Ghulam 

Edmonton, Alberta 


Pran Sawhney 


Nisha Sawhney 


And To: 

RE: 

All Occupants of the following Housing premises: 

The housing premises located in Edmonton, Alberta and municipally 

described as: 15021 – 118 street 

(Plan CD12454, Unit 2) 

03 October 2013 

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: 

1. There is no lock on the kitchen window. 

2. The kitchen window is missing two window panes. 

3. The window screen for the kitchen window is ripped. 

4. Part of the exterior siding is missing at the back of the housing premise. 

5. There is a broken window pane in one of the living room windows. 

6. The living room window is missing a window pane. 

7. The window screen for the living room window is missing. 

8. The floor of the basement laundry room was wet, unable to determine the source of the 

water infiltration. 

9. There is no window lock for the bedroom window, the window is being secured using 

screws which are screwed into the window frame. 

10. One of the window panes in the bedroom is cracked. 

11. There is no window screens for either of the bedroom windows 

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12. There was no smoke alarm in the hallway outside the bedrooms. 

13. One of the window panes is missing in the bedroom. 

14. The guard for the living room that opens out below the hallway front entrance is open, 

spindles width is greater that four inches. 

15. The hand railing for the stairs leading to the main floor and the basement is not a 

graspable hand railing. 

16. Numerous rotten boards seen on the back deck area. 

17. The stairs for the back deck area are uneven with some of the boards on the runs have 

rotted through and there is a gap between stairs and the wall of the unit. 

18. The railing for the back deck area is an open area starting at 32 inches the elevation 

difference is less than six feet therefore the height of the guard must be 36 inches high. 

19. The spindles for the guard on the steps is greater that four inches elevation difference is 

between five feet and two feet. 

20. The tenant had manipulated the wiring in the premise, extension cords and electrical 

cable was strung throughout the premise in an unsafe manner. 

21. Water staining was seen on the ceiling in the living room. 

22. Evidence of a mouse infestation. 

23. A live cockroach was seen in the basement laundry room. 

24. Unknown serviceability of fire places as no documentation could be provided owner. 

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: 

1. Housing Regulation 173/99 s.4 

There is no lock on the kitchen window which is in contravention of section III(3)(a) of the 

Minimum Housing and Health Standards which states that: Exterior windows and doors shall be 

capable of being secured. 


The kitchen window is missing two window panes which is in contravention of section 

III(2)(b)(ii) of the Minimum Housing and Health Standards which states that: In housing 

premises intended for use during the winter months, windows in habitable rooms shall protect 

against cold weather through the provision of a storm sash, double glazing, or other durable 

thermal/air resistant barrier as may be approved by the Executive Officer. 


The window screen for the kitchen window is ripped 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. 


Part of the exterior siding is missing at the back of the housing premise 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. 

5. Housing Regulation 173/99 s.4

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There is a broken window pane in one of the living room windows 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. 


The living room window is missing a window pane which is in contravention of section 






The window screen for the living room window is missing 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. 

8. Nuisance and General Sanitation Regulation 243/2003 s.2 

The floor of the basement laundry room was wet, unable to determine the source of the water 

infiltration 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 health or that might hinder 

in any manner the prevention or suppression of disease is deemed to have created, committed or 

maintained a nuisance. 


There is no window lock for the bedroom window, the window is being secured using screws 

which are screwed into the window frame which is in contravention of section III(3)(b) 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. 


One of the window panes in the bedroom is 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 weatherproof. 


There is no window screens for either of the bedroom windows 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. 


There was no smoke alarm in the hallway outside the bedrooms which is in contravention of 

section IV(12) of the Minimum Housing and Health Standards which states that: Smoke alarms

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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. 


One of the window panes is missing in the bedroom which is in contravention of section 






The guard for the living room that opens out below the hallway front entrance is open, spindles 

width is greater that four inches which is in 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, 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. 


The hand railing for the stairs leading to the main floor and the basement is not a graspable hand 

railing which is in 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, 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. 


Numerous rotten boards seen on the back deck area which is in 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, 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. 


The stairs for the back deck area are uneven with some of the boards on the runs have rotted 

through and there is a gap between stairs and the wall of the unit which is in 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, 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. 


The railing for the back deck area is an open area starting at 32 inches the elevation difference is 

less than six feet therefore the height of the guard must be 36 inches high which is in 

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, 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.



The spindles for the guard on the steps is greater that four inches elevation difference is between 

five feet and two feet which is in 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, 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. 


The tenant had manipulated the wiring in the premise, extension cords and electrical cable was 

strung throughout the premise in an unsafe manner 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. 


Water staining was seen on the ceiling in the living room 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. 


Evidence of a mouse infestation which is in contravention of section V(16)(a) of the Minimum 

Housing and Health Standards which states that: The owner shall ensure that the housing 

premises are free of insect and rodent infestations. 


A live cockroach was seen in the basement laundry room which is in contravention of section 

V(16)(a) of the Minimum Housing and Health Standards which states that: The owner shall 

ensure that the housing premises are free of insect and rodent infestations. 

24. Nuisance and General Sanitation Regulation 243/2003 s.2 

Unable to determine if the fireplace was in safe working condition, owner indicated the unit has 

never been checked for serviceability which is in 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 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: 

1. That the occupants vacate the above noted premises on or before 15 October 2013 

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2. That the owner is to diligently pursue the completion of the following work in and about 

the above noted premises, namely: 

a. 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. 

b. Install a functioning smoke detector in the hallway by the bedrooms and 

ensure that it is operational and in good repair. 

c. Ensure all windows are maintained in good repair, free of cracks and 

weatherproof. 

d. Ensure all windows in habitable rooms are protected against cold weather 

through the provision of a storm sash, double glazing. 

e. Ensure all components of the kitchen are in good repair and all appliances are 

in good operating condition. 

f. Ensure that exterior windows are capable of being secured. 

g. Ensure all electrical outlets, switches and fixtures are properly installed and 

are maintained in a good and safe working condition. 

h. Ensure all openable windows are provided with insect screens and that the 

insect screens are in good condition. 

i. Ensure all plumbing fixtures are serviceable and free from leaks trapped and 

vented to the outside. Repair the plumbing issues in the suite. 

j. Hire a qualified pest control operator, to deal with the cockroach and mouse 

infestation in the suite. A report from the pest control contactor indicating 

that the premise is rodent and insect free is required to be submitted to this 

office. 

k. Ensure that all bathroom and kitchen cabinets are in good repair. 

l. Ensure that the hand railings on the interior of the premise are graspable to 

prevent a fall injury. 

m. Ensure all inside or outside stairs or porches including all treads, risers, 

supporting structural members, rails, guards and balconies, are maintained in 

good repair and shall comply with the requirements of the Alberta Building 

Code or a Professional Engineer design. 

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n. Hire a qualified roofing contractor to assess the roof and provide a full report 

for the roof. Any repairs noted by the contractor must be repaired. All 

documentation is required by this office. 

o. Hire a qualified fire place contractor to assess the serviceability of the fire 

place in the unit. All documentation is required by this office. 

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. 

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, 03 October 2013 

___(Original Signed)____ 

Ingrid Bohac CPHI (C) 

Executive Officer 

Environmental Health Officer 

HSBC Building Suite 700 10055 – 106 Street 

Edmonton, Alberta T5J 2Y2 

Direct: 780 735 1787 

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, 10025 - Jasper Avenue, 

Edmonton, Alberta, T5J 1S6. Telephone (780) 427-2813. 

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 

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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 & Wellness at 

(780) 427-4518, or by visiting: www.health.alberta.ca/about/health-legislation.html 

Confirmation of an oral order issued to the Owner Pran Sawhney on 30 September 2013. 

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15021 118 St. - Alberta Health Services

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