EXECUTIVE OFFICER'S ORDER - Capital Health

EXECUTIVE OFFICER'S ORDER
899997 Alberta Ltd. Craig Beakhouse Joanne Dartana
10324 – 79 Street 10324 – 79 Street 10324 – 79 Street
Edmonton, Alberta Edmonton, Alberta Edmonton, Alberta
T6A 3G8 T6A 3G8 T6A 3G8
WHEREAS pursuant to the provisions of Sections 59, 60, and 62 of the Public Health Act being
Chapter P-37 of the Statutes of Alberta, an Executive Officer of a Regional Health Authority may
issue a written order to the owner of any place or any other person if he has reasonable and
probable grounds to believe that a nuisance exists in that place or that the place or the owner of it
or any other person is in contravention of the Public Health Act or the Regulations.
AND WHEREAS the following conditions exist in the premises located at Plan 7722530, Block
27, Lot 9, municipally known as: Main Floor Suite, 5522 – 11A Ave, Edmonton, Alberta, that
are or may become injurious or dangerous to public health or that might hinder in any manner the
prevention, or suppression of disease, or are in contravention of the Housing Regulation pursuant
to Section 66 of the Public Health Act, to wit:
Structural / Damaged/Rotting Building Materials and Deficiencies
1. The balcony was in disrepair, with rotting material on the balcony deck.
Safety and Security Deficiencies
2. The guardrails were loose, with areas lifting out of the wood on the balcony due to rotting
material.
3. The back landing stairs and front entrance stairs had an uneven rise and run.
4. The guards on the balcony, back entrance and front entrance had spaces between the balusters
that were greater than four inches. (The spaces were measured to be between five and six
inches).
NOW TAKE NOTICE that the undersigned Executive Officer hereby orders you, the owner, of
the said premises to:
1. Repair the balcony so that it is in good repair and structurally safe.
2. Modify or replace the guards so that spaces between the balusters are a maximum of four
inches.
3. Modify or replace the steps so that they are of an even rise and run.

AND FURTHER TAKE NOTICE THAT you are hereby required to comply with this Order
within 90 days from the date of this notice.
Be advised that you must
- ensure that the premises is made to comply with the Minimum Housing and Health Standards of
the Housing Regulation under the Public Health Act. Compliance with these standards and
regulations is also a requirement under the Residential Tenancies Act. Any building upgrades
may be subject to municipality planning and development department reviews and the procuring
of proper permits.
- ensure that that the premises is in compliance with the Nuisance and General Sanitation
Regulation. Any building upgrades may be subject to municipality planning and development
department reviews and the procuring of proper permits.
The above conditions were noted at the time of inspection and may not necessarily reflect all
deficiencies. You are advised that further repairs may be required to ensure full compliance of
the regulations, or to prevent a public health nuisance.
DATED at Edmonton, Alberta, January 5, 2009
__(original signed)__
Sandra Hamilton, CPHI(C)
Executive Officer
Environmental Health Officer
You are advised that should this Executive Officer's Order not be complied with, prosecution will be considered for
breach of the Public Health Act and the Regulations.
You have the right to appeal
A person who a) is directly affected by a decision of a Regional Health Authority, and
b) considers 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 Capital Health at (780) 413-7711, 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 Housing Regulation A.R. 173/99 and the Minimum Housing and Health Standards can be
found on the Alberta Health & Wellness website (Publications) www.health.gov.ab.ca.
5522 - 11A Ave.doc 2

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.
Official copies of the standards are available by contacting the Legal and Legislative Services branch of Alberta
Health & Wellness at (780) 427-6098.
The Environmental Public Health Division of Capital Health is empowered under the Regional Health Authority
Act and the Public Health Act to promote and protect the health of the population through the enforcement of
public health regulations within the Capital Health Region.
5522 - 11A Ave.doc 3