Condo September 2012

September 2012 • Vol. 27 #6Canada’s Most Widely Read Condominium MagazinePM

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Noise issues are underfoot

Indoor air qualityHVAC maintenanceSmoking in condos

Indoor air qualityHVAC maintenanceSmoking in condos

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ContentsDepartments

Legal Put cigarettes out

Management Does this activity move me forward?

Maintenance Hard surface floor odours

Design Condominium management is the key to sustainable success

Regulations Vertical geothermal systems newly subject to environmental approval

Smart ideas

Focus: InDoor aIr qualIty

A practical guide to combat IAQ problems By Craig Jobber

Airborne infiltrators compromise IAQ By The National Air Duct Cleaners Association (NADCA)

The air we breathe By Janis Hass

Noise issues are underfoot By Amie Silverwood

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Untitled-3 1 12-09-12 11:54 AM

Fresh air

Editor's LEttEr

6 CONDOBUSINESS | www.condobusiness.ca

For Canadians who spend the majority of their time inside, indoor air pollution is a serious problem. As our condominiums become more and more air tight, are we breathing fresh air?

Canadians love air fresheners. The Canadian air fresheners market generated total revenues of $106.7 million in 2008 with an expected annual growth rate of 3.6 per cent. But air fresheners do anything but freshen the air we breathe.

Many of these products contain known toxic chemicals that contribute to indoor air pollution. The chemicals found in some air fresheners include camphor, phenol, ethanol, formaldehyde and artificial fragrances and can leave residents who breathe them with headaches, rashes, dizziness, migraines, asthma attacks, mental confusion, coughing and more. Cleaning products, personal care products and cigarette smoke can also contribute to poor indoor air quality.

Boards and property managers can control the use of toxic chemicals in common areas but unit owners can and will use the products they want and love and as the air is recirculated throughout the building, others will be inhaling these scents.

Education is one of the property manager’s best tools in preventing air pollution. Encourage unit owners to open their windows to bring in fresh air and to do their part in keeping the condominium’s air clean. Get HVAC systems serviced regularly and enforce non-smoking rules in common areas. Consider the products used to maintain the cleanliness of the building and deal with the source of odours instead of covering them up.

Keep reading for more information on indoor air quality. And go to the website at www.condobusiness.ca for more articles and videos on the subject (There’s a V-Report from August 2011 about smoke-free condos featuring interviews with Pippa Beck and Bob Aaron).

Editor-in-ChiefAmie [email protected]

PublisherSteve McLinden

Editor-in-ChiefAmie Silverwood

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A practical guide to combat IAQ problems

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The result is well-meaning qualified men and women who are trying their best to help occupants but who sometimes lack the fundamental skills necessary to solve key property management issues. And nowhere is that more evident than with indoor air quality issues. Unlike a faulty elevator, a dirty carpet or poorly lit parking area, most IAQ problems can’t be seen. Instead we hear of problems like unpleasant smells, people feeling sick or people having trouble breathing.

To d ay, i t ’s n o t en o u g h to un d e r s t an d b u i l d i n g maintenance, property managers need to also understand the need to maintain a building’s supply of healthy air. And the biggest way today’s property managers can learn to combat these unseen but real problems is to follow these three steps and become an IAQ guru – or at least an IAQ guru-in-training.

Step one is to listen carefully to the symptoms.The incidences of allergy and asthma suffering in our buildings have reached epidemic proportions. We’ve now given it a name: sick building syndrome.

Because of Canada’s extreme annual temperature swings, we’ve developed tighter, better insulated and more energy efficient condos to save on heating and cooling costs. But that’s resulted in trapping the existing air inside and re-circulating it over and over. It becomes air which will make the young, the old and people of any age that are sensitive to respiratory issues at risk to develop very serious problems. As an example, asthma in Canadian children quadrupled between 1978 and 1996 and now affects 12 per cent of Canadian children.

If your occupants are complaining about eye, nose or throat irritation, headaches, fatigue, reduced concentration, dry skin or nose bleeds, something in the air is at fault. Or if you’re building up a sweat with condensation forming around windows or on ceilings or pipes, there are IAQ issues surfacing.

Step two is to know what’s causing the problems.Tightly sealed buildings result in a build-up of things that are invisible to the naked eye and that are the cause of most IAQ health problems.

Dust (or particulates) originates from many indoor and outdoor sources. Even though extremely small, dust can be counted or

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By Craig JoBBer


September 2012 9

trapped, poorly circulated air. And of course smokers add particulates into the air. It may be a sensitive topic, but is there an opportunity to educate condo owners in your building about the importance of proper IAQ? (Perhaps a suggestion that they consider a quality room air purifier might be in order; it might even make them feel better!)

Step three is to know when to call in the experts.Property managers try to be jack-of-all-trades. But there are still times they need to call in a licensed electrician, plumber or other trade professionals. And there are times a property manager will need an IAQ expert to help resolve indoor air quality issues for the heath of condo owners as well as any children in the building.

Healthy Indoors Partnership (HIP) is the Canadian industry association of IAQ professionals. Members in the association not only indicate their commitment to resolving IAQ issues, they also attend meetings to keep their skills current and many take special training to achieve certification.

Canadian-trained professionals proudly display the HIP logo. Help from these experienced IAQ professionals is a mouse-click or telephone call away. Visit the HIP website (www.hip-iaq.com) to see a list of members or email them ([email protected]) for advice. 1

Craig Jobber has devoted his life to health issues affecting Canadians. Active in the IAQ industry for several decades, Craig is a founder of the Healthy Indoors Partnership (HIP). Craig is recognized as one of Canada’s leaders in helping all Canadians lead healthier, happier lives and is especially well-versed in developing programs to assist condo owners, property managers and boards.

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weighed and we know that dust that’s between 0.1 to 10 micrometers are a concern. Since they are small enough to be in the air we breathe, they can irritate our respiratory system, eyes, skin, etc. While the air supply inside is filtered, the indoor dust levels still might be higher than outdoors. Have the particulates in your building measured by an expert to determine if it’s a cause of your IAQ problems.

Microbials are a natural part of our world. But too much of anything can be a problem. Bacteria (from human and water sources), fungi (think plants, soil and foods), viruses (carried by humans and animals) and allergens/antigens (from cockroaches, mites, mice, birds, bats, pets, etc.) can also be in the air. Ready to pounce on unsuspecting occupants, microbials need to be cleaned from the air as you would dirt on a floor. Is your building adequately protected with the proper air filtration system?

Volatile Organic Compounds (VOCs) result when the chemicals present in synthetic, man-made materials enter the air. We call that off-gassing.

The sources of VOCs are numerous: structural materials (such as particle board, glues, and paints), furnishings (carpets, computers, furniture, etc.) consumer products (including cleaning agents, waxes, perfume, and shampoo) as well as pesticides and disinfectants can all contribute to VOCs in the air. Does your building’s HVAC system allow for proper ventilation? And is your building committed to using low-level VOC products?

Condo owners can also contribute to poor IAQ. Cooking contributes spices and aromas into the air that others may find unpleasant. Empty-nesters moving into cramped spaces with all the furniture from larger homes create a haven for

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Airborne infiltrators compromise IAQ

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Contaminants in HVAC systems may take many forms. Common contaminants include dust particles, active bacterial or fungal growth, debris from rusted HVAC components, man-made vitreous fibres, mould spores and other items.

The National Air Duct Cleaners Association (NADCA) provides the following guidelines, drawn from its ACR Standard for Assessment, Cleaning & Restoration of HVAC Systems – Editor.

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Experience has shown that very few (if any) HVAC systems are free of all particulate. In fact, particle deposits on component surfaces starts before the HVAC system is even installed. Airborne particles in factory settings and assembly areas are likely to settle on a i r - h and l i ng c omp onent s and fibreglass insulation, as well as adhere to the surface of metal components.

The or ig ina l insta l lat ion process will subject the HVAC system to even more contamination. Construction sites contain a significant amount of airborne concrete dust , gypsum dust , sand particles, biological particulate aerosols and many other airborne contaminants in the ambient air, which often settle on or within the HVAC system during construction.

After the HVAC system is installed and its operation begins, the particulate accumulation process continues throughout the life of the system. Poor design, installation and maintenance practices, low-efficiency air filtration, airflow bypass, inadequate or infrequent preventative maintenance practices, humid conditions and many other factors will result in contaminated HVAC systems. HVAC systems may also serve to transport and redistribute unwanted particles from other sources in the building.

It is highly recommended that HVAC systems be cleaned when an HVAC cleanliness inspection indicates that the system is contaminated with a significant accumulation of particulate or microbial contamination. It is highly recommended that newly instal led H VAC systems or H VAC systems undergo ing renovat ion be ver i f ied clean and protected before the system is permit ted to operate, and i t is highly recommended that consistent HVAC system inspections be part of a building’s overall indoor air quality management program.

Triggers and timelinesHVAC systems should be routinely inspected for cleanliness by visual means. In commercial buildings, air-handling units should be inspected annually, while ductwork – both supply and return – is inspected at two-year intervals. At all times, if the inspection of an HVAC unit’s air-handling components reveals

contamination, then supply and return ductwork should be inspected immediately.

The cleanliness inspection must be conducted without negatively impacting the indoor environment through excessive disruption of settled dust, microbial amplification or other debris. In cases where mould contamination is suspected and/or in sensitive environments where even small amounts of contaminant may be of concern, environmental engineering control measures must be implemented and the services of

an Indoor Environmental Professional (IEP) are highly recommended to determine the overall impact on the indoor environment.

T h e a i r - h a n d l i n g u n i t ( A H U ) cleanliness inspection should consider a l l comp onents w i th in the un i t , including filters and air bypass, heating and cooling coils, condensate pans, condensate drain lines, humidification systems, acoustic insulation, fans and fan compar tments, dampers, door gaskets and general unit integrity.

September 2012 11

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The supply duct cleanliness inspection should consider a representative portion of supply system components including, but not limited to, supply ducts, controls, mixing/ control boxes, reheat coils and other internal components. The return duct c leanl iness inspect ion should consider a representative portion of return system components including, but not l imi ted to , return duc ts , dampers, return plenums, make-up air plenums and grilles.

It is highly recommended the HVAC system cleanliness inspection include a preliminary determination of the level of mould contamination (Condit ion 1, 2 or 3) and other biological activity. The inspection should evaluate the air-handling unit , humidif ier and other representative system components.

HVAC systems should be inspected at least twice annually when they include supplemental humidification or when they are located within a hot and humid climate.

Planning and engineering assessmentIndoor air quality management plans that include periodic c leaning and maintenance are highly recommended to minimize recurring contamination within HVAC systems.

I t is h igh ly recommended that in addition to an HVAC cleanliness inspection, a complete engineering a s s e s s m e nt o f t h e d e s i g n a n d c o n d i t i o n o f t h e e n t i r e H VA C system be considered depending on the conditions that exist in the project. This is especially important i f t e m p e r a t u r e a n d / o r r e l a t i v e h u m i d i t y c o n d i t i o n s c a n n o t b e mainta ined wi th in the spaces in compliance with the requirements of ASHRAE Standards 62.1 or 62.2; if temperatures, relative humidity or airflow varies between different areas of the building; or if the mechanical components are not in good condition and/or repair.

There are four pr imar y reasons t h i s H VA C S y s te m En g in e e r i n g A ssessment is impor tant to the success of a remediation project:• The original system design may not

have been adequate to maintain optimal indoor environmental (or psychrometr ic) condit ions in the building;

• Expansions, renovations or changes of use of the original space may have rendered the HVAC system design inadequate for the current needs of the bu i l d ing and i t s occupants;

• T h e s y s t e m m a y n o t h a v e been ins ta l led as des igned o r commiss ioned so as to assure that its operation met the design objectives; and

• M echan i c a l d e te r i o r a t i on and /o r phys ica l damage to system components may have degraded the i r per formance to the po int where they cannot prov ide the ne c ess a r y l eve l o f a i r f l ow o r capacity. 1

This article was originally published in the July 2012 issue of Canadian Property Management. For more information, see the website at www.nadca.com.

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mAnAgEmEnt

Canadians typically spend up to 90 per cent of their time indoors, which highlights the need for healthy indoor air. While everyone's health can be affected by indoor air quality problems, it can have a greater affect on someone living with a lung disease. Condo managers and residents can work together to employ simple actions that will help to improve the air that they breathe.

The air we breathe

Indoor air pollutants can be both chemical and biological and they can be caused by human activity or on their own. The air quality inside a home can be filled with many potentially harmful pollutants including radon gas, volatile organic compounds, chemicals and biological irritants.

VentilationVentilation is very important as there are hundreds, sometimes even thousands of people breathing in the same air from ventilation systems. Common air quality concerns such as mould, dust mites, poisonous gases, scented products and

carpets may be found in different units. Understanding how to identify and address these air quality issues will help ensure healthier air for all residents.

“Many people think of old buildings with poor ventilation systems as the cause of indoor air quality issues,” says Connie Choy, Air Quality/Smoke-Free Homes & Asthma Coordinator with the Lung Association. “Newer buildings that are built with energy efficiency in mind can be ‘sealed up’ preventing fresh air circulation,” she adds.

Building managers have an important role to play in ensuring that the fresh air supply and exhaust systems are working properly.

Regular maintenance of these systems will help ensure residents breathe clean air. Residents can also do their part in improving indoor air quality by using the kitchen exhaust fan over the stove to remove steam and odours when cooking and using the bathroom exhaust fan to limit condensation and moisture when showering or bathing.

Smoke-free buildingsFor those with asthma or other lung conditions, living in a condo can come with certain challenges. “Cigarette smoke is often the greatest issue for some condo residents and it is a trigger for many people with

By Janis Hass

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September 2012 15

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colours such as black, white, green or red. It is important to maintain an ideal humidity level throughout the building and in each unit to prevent mould from growing in the first place. Ideal indoor humidity levels should range between 30 to 50 per cent. It can be helpful to have a hygrometer (measures humidity level) in the condominium. They can be purchased at a hardware or electronics store.

“Mould is a common asthma trigger and i t c an a lso damage bu i l d ing materials. Two great reasons to make sure any leaks or moisture problems are quickly fixed,” says Chris Haromy. “At higher levels, mould can be dangerous to anyone,” he adds.

If a small amount of mould is found (less than one square metre), residents or owners can often manage it. It can be cleaned with a rag or sponge and water and unscented dish soap or baking soda. Dry the area quickly after. Find out the reason the mould formed and fix the problem. If you can’t figure out how to fix the problem or if there is a large amount of mould, bring in a professional.

Radon comes f rom the natura l breakdown of uranium in soil, rock and water. Radon gas can get into buildings through normal cracks in the foundation, walls or other small openings in the floor and can build up to dangerous levels, especially when buildings are closed up during the winter months.

Since radon gets into a bui ld ing through contact with the ground, the higher a unit is away from the ground, the less risk occupants have to radon exposure. Owners who have condos in the basement or lower floors should test their units. Radon levels can vary from building to building, so the only way to know how much radon is in the unit is to test it.

Moisture and humidityMould can grow on most sur faces where there is moisture. Common areas where mould can grow include flooring (especial ly in basements), window sills, wall frames, bathtubs, showers, cabinets underneath sinks and ceiling tiles. Mould spots can appear in various

asthma and other lung diseases,” says Chris Haromy, Certified Respiratory Educator with The Lung Association. According to a poll released by the Smoke-Free Housing Ontario in December 2011, 80 per cent of Ontarians living in apartments and condos want to live smoke-free.

“Implementing a no-smoking policy is a great way to reduce or eliminate this harmful exposure,” adds Chris. Existing residents who smoke would be exempt, however new owners would have to keep their condo smoke-free. Smoke-free condos decrease the risk of fires, decrease maintenance costs and improve the quality of air that everyone breathes.

RadonThe Lung Association urges all Canadians to have their homes tested for radon, known to be the second leading cause of lung cancer. Radon is a colourless, odourless radioactive gas that can seep into homes. A new federal government survey of 14,000 homes indicated that radon is present in almost twice as many Canadian houses as previously estimated.The air we breathe

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There are many inexpensive and preventat ive steps that bu i ld ing managers and residents can take to improve the air they breathe. Take action today to protect the lungs and health of residents. 1

Janis Hass is the Director of Marketing and Communications for the Canadian Lung Association. For more information on lung health or air quality, visit www.lung.ca.

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Here’s some information to consider before buying an air filtration device.• If all steps have been taken to reduce

pollution sources, an air filtration unit with a HEPA filter may be a worthwhile addition in the bedroom. Before buying an air cleaning device, figure out what size of device is appropriate for the room. Check the level of noise when the system is operating. Monitor the filter condition regularly and clean and replace filters when necessary.

• While there are a wide variety of technologies, there are no uniform standards or regulations about the performance, efficiency and effectiveness of air filtration devices.

• Many particles become trapped in furniture, drapery and clothing, and are not airborne (floating in the air) unless they are disturbed. An air filter can only filter particles that are floating in the air; it can't filter particles that are trapped in objects.

• Be especially cautious about products that promise health improvements. While some products are effective in reducing the levels of triggers such as dust and pollen, there is no published evidence that they will improve your health. Keep in mind that no filter or ventilation system can effectively remove second or third hand smoke.

• Avoid buying devices that intentionally produce ozone, since breathing in ozone can cause lung irritation and discomfort. Also, there is no scientific evidence supporting the claim that ionizing air cleaners improve health.

• Deal with a reputable vendor. The Lung Association has received calls from consumers who feel pressured by some door-to -door vendors who offer to take a sample of air for testing purposes and then suggest an expensive filtration device. Find out what performance and refund guarantees come with the product. When choosing a vendor, it's always a good idea to check with your local Better Business Bureau and/or review products in Consumer Reports.

Buyer beware

September 2012 17

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fEAturE

By amie silverwood

Noise issues are uNderfoot

Up at 5 am each morning to start his commute, one condo resident has had several noise complaints from his neighbour below. He wakes up, showers, eats his breakfast and leaves the condo in time to beat the traffic across town only to return home to a letter from his property manager advising him not to wear his shoes in his home and to walk more quietly. But he has done nothing wrong and cannot change his behaviour. His morning routine is always enacted barefoot.

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Below this unit, his neighbour tries to catch another hour of sleep before she has to get up as well. But this morning, like most other weekday mornings, the sound of footsteps reverberates through her unit, waking her up. Frustrated, she complains to the board that something must be done.

There is very little a board can do in this type of situation. In many of the new condominiums that are being built, hardwood flooring is a popular floor option offered to purchasers. But with these lovely hardwood floors come the clickety clack of footsteps permeating into the unit below.

The carpets that muffled footfalls have lost their popularity. People with allergies find hard surfaces easier to clean – leading to better indoor air quality for those with sensitivities to dust mites and other pollutants. The Asthma Society of Canada recommends that asthma sufferers “remove carpets, especially from bedrooms.”

Barbara Holmes, a condominium expert with the law firm Heenan Blaikie explains. “In the past it was quite common to see provisions

The Asthma Society of Canada recommends that asthma sufferers “remove carpets,

especially from bedrooms.”

in the rules that required that a certain percentage of the floor area in the unit (excluding bathrooms and kitchens) be covered in carpet and that if owners had hard surface floors they had to be covered with area rugs. In some cases these provisions are contained in the corporation’s declaration as well.”

Now developers are putting hard surface flooring throughout the unit and they aren’t necessarily using adequate soundproofing techniques to insulate against the sound of footsteps. According to Bill Wilkinson Jr. co-owner of Wilrep Ltd. a 35-year old sound and vibration control company, the problem begins with the building code.

The Canadian building code requires developers to meet an airborne sound transmission class (STC) of 50. This refers to the sound of voices, television and other airborne sounds. But there is no requirement within the code for a building to insulate against the impact isolation class (IIC). “This is the sound of the clicky clacky over your head of people walking in their shoes or even a heel walker. Our building code alludes to the fact that IIC exists but it does not tell any developer in this country that you must meet it.”

The dense concrete carries the vibration of the foot’s impact from the floor through the ceiling and into the air in the unit below when there isn’t a high quality buffer to slow the transmission of the sound waves.

“Concrete is incredibly efficient at transmitting sound and vibration because it’s so dense. Air will transmit sound at x, water will transmit sound better than that and concrete will transmit sound even better than that because of the density.”

Noise issues aren’t top of mind for buyers as they browse layouts and consider finishes. When the condominium isn’t much more than a concept, developers aren’t bragging about the underlayment they plan to use. But once the buyer has moved in along with neighbours above and below, what starts as an irritant can blossom into an expensive conflict with no cheap solutions.

Wilkinson deals with the aftermath of the developers in this competitive market who don’t see the value of high quality underlayments. “The developer is trying not to spend any more money on their box than the next guy is so they’re always defaulting to the least amount of money they can possibly spend to do it. Consequently, what happens is in most places, they’re defaulting to things like foam underlayment. In some cases, they’re defaulting to adhesives and calling it acoustic.”

Wilkinson explains that many underlayments may perform well in tests under the ideal circumstances in a lab but fail in their performance once the floor is weighed down by furniture over time. The product gets compacted and in six months, noise becomes a problem.

“I would love to see the Canadian building laws catch up to what the consumer deserves to receive as an end product. You

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September 2012 21

higher. There’s the sense that the sum is greater than the parts.”

Moeller recommends installing an electronic device into the condominium walls that raises the background sound level and can be controlled by those residing in the unit according to their needs. When the device is unnecessary, they can simply turn it off.

“It gives you control of the acoustical environment in the space much like you have over temperature or lighting. With masking, if your neighbour below or above is not home, you can turn it down or off if you wish. And if you find that you’re only being bothered by it at night when you’re sleeping, have it on at night in the bedroom and nowhere else. The masking is extremely effective from being awakened by noises because it reduces the overall variation in sound levels.”

The benefit of sound masking is that it puts control in the hands of the person who is bothered by the noise. If a resident wants to sleep through her neighbour’s morning routine, she can dull the noises and sleep on. 1

Go to www.condobusiness.ca for options to quell noise issues.

When the ceiling is suspended underneath the cement slab, the vibration will not come through. The air provides a shield to significantly reduce the impact noise.

Acoustical expert Niklas Moeller brings up what is known as the ABC rule. “You can absorb, you can block and you can cover up.”

Underlayments, drop ceilings and soft furnishings can absorb the sound vibrations. The walls, floors and ceilings can block some sound from being transmitted to other units and if those options aren’t sufficient, residents or even the board can install a system to cover up the noise with what is commonly referred to as white noise.

“It’s not really a choice most of the time between picking one or two of the methods of noise control in order to achieve good overall results. It really is a balanced approach of all of them. Because otherwise what you find is if you eliminate one of them, first you eliminate some of the benefits they deliver – if you don’t have any absorption in the space, there’s no other method to deal with echo or reverberation. It’s more difficult for a sound barrier because sound levels will be

move into a condo, you spend the money, most people don’t know enough about it to ask the questions in the sales office like what did you use as sound control underlayment in the suites?”

Wilkinson recommends boards include underlayment requirements in their bylaws. In order to provide proper sound insulation, it shouldn’t crush out (like foam), age harden (like cork) or wick water (like felt). What this leaves is generally a rubber product that is made from recycled tires and will last longer than the flooring used on top of it.

“But instead of spending 30 cents a square foot, you’re spending a dollar. And that’s the rub,” says Wilkinson.

Boards can recommend owners invest in a drop ceiling when noise complaints become a problem. Resilient sound isolation clip technology involves a little rubber and steel clip that gets glued to the underside of the deck. “And then you snap in a standard furring channel to it and then your drywall attaches to the furring channel. So now you have an inch and a half or two inch gap in there.”

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Untitled-1 1 12-09-05 11:31 AM

fEAturE


LEgAL

September 2012 23

• writing letters to the owners adjacent to the McDaniels asking them not to smoke on their balconies;

• telling the McDaniels that while it would not propose a no -smoking bylaw, the McDaniels could try and get 25% of owners to sign a petition for a meeting to consider such a bylaw; and

• prohibiting the smoking of marijuana.In 2011, the McDanie ls brought

a complaint to the BC Human Rights Tribunal alleging discrimination based on physical disabil ity in the area of accommodation.

A l t h o u g h t h e T r i b u n a l w a s sympathet ic to the Strata Counci l , and found that it “sought to strike a balance between what the McDaniels wanted and what others in the building wanted ,” the Tr i buna l u l t imate l y conc luded that the Strata Counc i l “neve r m a r sh a l e d a me an in g fu l , ef fective response… [the] conduct, w h i l e n o t ove r t l y a g g re s s i ve o r c o n f ro n t i ve , w a s i n d e c i s i ve a n d minimizing of the McDaniels’ distress to the point that they came to hate their home.”

Instead, the Tribunal suggested, the Strata Council should have proposed a by l aw bann ing the smok ing of cigarettes in balconies and/or enforced an ex is t ing by law that p roh ib i ted “caus[ing] a nuisance or a hazard to another person.”

The law is less clear- cut when it comes to disputes about an owner smoking ins ide his or her uni t . A recent decision of the British Columbia Human Rights Tribunal suggests that condomin iums shou ld t ake these disputes very seriously.

In 2008, Mr. and Mrs. McDaniel purchased a un i t in a four s to r y bui ld ing in a suburb of Vancouver. Shortly after moving in, the McDaniels began to exper ience second - hand smoke entering their unit through their windows as a result of other owners smok ing on the i r ba lconies . Over a per iod of a lmost two years, the McDaniels recorded 175 incidents of smoke infiltration into their unit.

Both of the McDaniels had a history of health concerns that made them par t icu lar l y vu lnerab le to second -hand smoke: Mr. McDaniel had type-1 diabetes, while Mrs. McDaniel was extremely allergic to smoke.

A f te r unsu c c e s s fu l l y t r y i n g to address the issue with the unit owners directly, the McDaniels contacted the Strata Council (like a Board of Directors in Ontario) and informed them of their health concerns. Strata Council took a number of steps, including:• suggesting the McDaniels purchase

an air conditioning unit (which they did);

• ask ing the other owners to be respectful of others;

When it comes to smoking in internal common a reas , the l aw is c lea r. Pursuant to section 9(2) of the Smoke Free Ontario Act, smoking is forbidden in any “common area in a condominium … including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.”

However, smoking is not prohibited in external common areas (such as on rooftop terraces, under the awning at the entrance to the building, or external exclusive use common elements such as balconies). The Smoke Free Ontario Act only bans smoking in common areas that are “in” condominiums.

While Section 13 of the Regulations to th is Ac t p roh ib i ts smok ing on most bar or restaurant patios, this prohibition is limited to places where food or drink is sold, served, or offered. Furthermore, while Section 12 of the Regulations prohibits smoking within nine meters of the entrance or exit of health facilities, this prohibition does not apply to condominiums.

I f smok ing in ex te rna l c ommon areas becomes an issue ( inc lud ing on balconies), the board can make a rule banning smoking in these areas – of course, such a ru le cou ld be qu i te cont rovers ia l! Note that the reverse is not true: a rule cannot be made a l lowing smoking in interna l common areas.

Much like smoking on airplanes and in restaurants, smoking in condominiums

could soon be a thing of the past. In disputes between smokers and non-smokers, the law is increasingly coming down on the side of those who want to restrict – or even ban – the ability of other unit owners to light up.

By Keir wilmut

August 2012 23

LEgAL

Put cigarettes out


LEgAL

The McDaniels had asked for an order requir ing the condominium to enact a no-smoking bylaw. However, as the McDaniels had already left the building, the Tribunal opted instead to order the condominium to cease i ts d iscr iminat ion and refra in from committing a similar contravention in the future. The Tribunal also awarded the McDaniels $1,518 in compensation for expenses incurred and $6,500 as compensation for injury to their dignity, feelings, and self-respect.

Ontario courts have so far not gone as far as British Columbia. However, the McDanie l case suggests that a condominium cannot stand idly by when presented with ev idence of health problems related to second-hand smoke. In the words of the Tribunal, a condominium must “seek or inquire into more fulsome information with respect to their physical vulnerabilities.”

What steps should a condominium take when an owner complains about second-hand smoke?

1. C h e c k a n d s e e i f t h e s m o ke intrusion is caused by a common element deficiency. If it is, then the condominium is obligated to take steps to rectify the problem.

2. I f there is no common e lement deficiency, and the complainant does not claim a medical condition, the condominium should open a dialogue between the owners to d iscuss potential solut ions. I f the source of the smoke is an exclusive use common element such as a balcony, the board should consider poll ing owners to determine support for a rule banning smoking in such areas.

3. If the complainant reports a medical condition, the condominium should ask for medical evidence to verify his or her condition. If such evidence i s p ro duc e d , the c ond omin ium should seriously consider enforcing any provisions in the condominium’s govern ing documents regard ing

nuisance, or enforcing section 117 of the Condominium Act which prohibits any activity that “is likely to damage the property or cause injury to an individual.” Failing to do so may give rise to a human rights complaint.

The condominium is required to take reasonable steps to enforce these provisions, which may include requiring an owner to take steps to prevent their smoking from affecting other owners.

As the McDaniel case indicates, fa i l i ng to t ake comp la ints about second hand smoke ser iously can have a serious financial impact. If you are concerned about how to properly respond to such a complaint, contact a condominium lawyer who can advise you of what steps to take. 1

Ke i r W i l m u t i s a l i t i g a t o r a n d condominium expert with Heenan Blaikie.


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Untitled-1 1 11-10-17 10:38 AM

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mAnAgEmEnt

September 2012 27

mAnAgEmEnt

While managers need to have an

internal focus that advances them toward the overall accomplishment of their goals and objectives, many continually get bogged down with a myriad of meetings, phone calls and peripheral activities. Rather than actively advance toward particular goals, their daily activities tend to be concentrated on dealing with daily crises and unexpected events. This results in a complete loss of focus and direction.

Does this activity move me forward?

Time is one element that can actively control managers’ daily lives, when, in essence, they should be controlling and regulating it. Time management is something that can easily spin out of control as the complexities of the job overtake fulfilling daily schedules, accomplishing tasks and completing necessary assignments on their active “to - do” l ists. Because i t happens incrementally, managers unwittingly become controlled by commitments and events, rather than ef fectively manag ing the i r t ime, as the one re s o u rc e i n d i s p e ns a b l e to t h e i r success.

Over time, managers tend to commit or get obligated to a number of tasks and activities that incrementally sap their valuable time. This diminishes their personal ef fectiveness, which results in an overall loss of productivity.

Most managers are not even aware that their ef fect iveness is steadi ly deteriorating.

All managers should have a system or method to ef fec t i ve ly manage their time and activities. Whether on the back of an envelope or with an app on their iPad, they need to have a system that organizes, schedules and plans their various daily activities. As everyone tends to have individual styles as to how they choose to stay organized, per form their work and complete their activities, the system selected should be one that is best suited to their work style. If managers are not comfor table with a specif ic planning system, they will not use it effectively—if at all. The reality is, no matter the individual preference or what was spent on a particular planning and management system, it ultimately still

By timotHy F. Bednarz


remains a big to-do list requiring proper management.

Most managers use various types of planning systems because they are keyed toward specific time and activity control and management. However, one thing these systems cannot do is to pr ior it ize dai ly activ it ies. Few managers actually take the t ime to weigh or categorize the activities on their calendars.

Without the essential step of priority setting, any planning system is useless. Many managers appear busy and no doubt are, but waste much of their time on tasks and projects that do not advance them toward the successful at ta inment of their pr imar y goals . Consequently, many tend to accomplish things that have no real value or impact on their professional lives and careers.

One technique that is effective in maximizing t ime and ef fect iveness includes a simple activity: every night or week, whenever managers plan their activities, they should ask this simple question regarding every item on their calendar or agenda: “Does this activity move me forward to the successful accomplishment of my major goals?”

As they apply this question in regard to every item on their calendars, each item should be scored with a “yes” or “no.” If the answer is negative, managers should immediately remove, delegate or cancel those par t icular ac t i v i t i es . T h is s imp le techn ique identifies the specific pursuits that are wasting their time and effort.

I t shou l d b e no te d th a t m any activit ies are addictive and dif f icult to break away from. However, being busy does not a lways equate to e f f e c t i v e n e s s . M a n a g e r s m u s t transform their dai ly act iv it ies into ones that have a direct impact on the accomplishment of par t icular goals that are ab le to produce pos i t i ve professional end results. 1

This is an excerpt from Overcoming Management Cha l lenges: Pinpo int M a n a g e m e nt S k i l l D ev e l o p m e nt Training Series by Timothy F. Bednarz and published by Majorium Business P re s s , S teve n s Po i n t , W I 2 011. Copyright © 2012 Timothy F. Bednarz, All Rights Reserved.

mAnAgEmEnt

Untitled-8 1 12-04-09 5:42 PM

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mAnAgEmEnt

When odour problems develop in a facility, the first course of action should be to find the source. However, in many cases, this does not happen. Instead, managers look for ways to mask the odour, hoping the actual source will disappear over time.

Hard surface floor odours

Unfor tunate ly, th is is not what usually happens. While masking an odour may suf fice for a while, the problem is l ikely to intensif y over time unless the source of the issue is determined and steps are taken to eradicate it.

In most cases, odours are the result of bacteria building up on a surface. This can include counters, restroom f ix tures, and in many cases hard surface floors. Odours can also enter a facility via floor drains.

F loo r o dours c an be espec i a l l y troublesome because many times it is the actual tools, chemicals, and products used to clean the floor that a re to b lame. Thank fu l l y, in most cases this can easi ly be corrected and , even bet te r, p revented f rom occurring in the future.

What types of issues cause odour p ro b l e ms? T he s o u rc e s o f su c h problems can include:

Mops and buckets. Whether using s t r i n g o r ( p re fe r a b l y ) m i c ro f i b re

By miKe sawCHuK

mAintEnAncE

products, mops should be rinsed clean at the end of the work day and allowed to air dry. Similarly, buckets should be cleaned, rinsed, and allowed to air dry. Bacteria are very dependent on moisture, so allowing these tools to dry helps to eradicate the environment that they need in order to grow.

Neglecting disinfection F loo rs need to be mopped and disinfected. When odours become an issue due to odour-causing bacteria, in most cases it will be necessary to use a disinfectant to kill the bacteria and eradicate the odour. However, cleaning professionals often forget that cleaning and disinfecting are two different things. When floor odours are present, the floor must be swept and then mopped using a properly diluted neutral or all-purpose cleaning solution. Then, once the floor has dried, it must be mopped again using a fresh mop head and a properly diluted disinfectant. In other words, cleaning and disinfecting floors is a two-step process.

There are some floor care chemicals that can both clean and disinfect floors.

Hard surface floor odours

September 2012 31

Microfibre mop heads are often referred to as flat-mops. Unlike loop (also known as string or spaghetti) mop heads, they look like a pad. Studies indicate that these products can reduce bacteria build up significantly when compared to conventional mop heads. Additionally, they are typically better able to reach into nooks and crevices in order to remove the bacteria that can cause odours.

Other benefits of microfibre mop heads include:

• They are light and easy to use, minimizing the fatigue that is often caused by mopping.

• They are very absorbent; they often need less water and chemical to work effectively.

• Some studies indicate that they can reduce the amount of time it takes to mop a floor.

• While they do cost more than conventional mop heads, some studies indicate that they can last as much as ten times longer than loop mop heads, making them more cost effective.

• They can typically be laundered in a standard washing machine; loop mop heads often require specialized cleaning.

Why use microfibre mop heads?

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However, especially when it comes to odour elimination, the two-step process described above still needs to be employed even when using these hybrid products.

Chemical selection At one time it was not uncommon for property managers to request a pine fragrance in the chemicals they used to clean floors and other surfaces. For years, that fragrance said clean. However, this is far less common today; in most cases, managers now prefer cleaning professionals to use chemicals with little or no fragrance. This is because we now know that some of the perfumes used in conventional cleaning chemicals can lead to sore throats and irritated eyes. Typically, the best source for chemicals with little or no fragrance is green-certified floor care products. Some of these products also contain odour eliminators that are specifically designed to eradicate floor odours.

Chemical dilution Whether using green or conventional chemicals, it is very important that all

mAintEnAncEmAintEnAncE

Earlier, we suggested using green cleaning chemicals because they typically have lit tle if any fragrance. However, there are some green chemicals that have also proven to be very effective at eliminating odours. These chemicals are referred to as bio-enzymatic. Bio-enzymatic cleaners are formulated with specific enzymes (a type of protein that breaks complex molecules into smaller pieces) and what are termed “good” bacteria that break down the soils that often cause odours.

Bio-enzymatic cleaners can be used to eliminate odours and clean a variety of surfaces, including floors, counter tops, tile and grout areas, and even carpets. Similar to other cleaning products, they must be diluted as per manufacturer’s instructions in order to work effectively. Managers and cleaning professionals are also advised that not all bio -enzymatic cleaners are green. As with all chemicals, look for a logo or label from such organizations as EcoLogo™, GreenSeal®, or the EPA’s DfE program to verify that the product has been independently evaluated and proven to be green. And, when using bio-enzymatic products, be sure not to use them with disinfectants or bleach as they will counter the effectiveness of each product.

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September 2012 33

Floor drains When odours emanate f rom f loor drains, many custodial workers pour bleach or strong disinfectants down the drain hoping to eliminate the problem. The goal is to kill the bacteria that might be causing the odour. However, in more cases than not, bacterium are not the culprits behind drain odours. Instead, odours tend to become a problem when the water that collects in the “u-joint” of the floor drain has evaporated. This allows sewer odours to be released. This is very common in floors that are only mopped occasionally. To treat the problem, simply pour two to four cups of water down the floor drain. If the problem flares up chronically every few months, there are products that can be poured down the drain that evaporate very slowly, preventing odour problems.

A blessing in disguiseFacil ity managers don’t tend to put much thought into odour problems until they face a problem. In order to solve these problems, cleaning professionals

mAintEnAncE

cleaning products be properly diluted. Undiluted products can cause strong, unpleasant chemical odours. Improper dilution is also wasteful, diminishes the chemical’s effectiveness, and can even be dangerous to users and building occupants.

Proper mopping procedures It may come as a surprise to some managers, but well - trained cleaning p rofess iona ls know that there i s a proper way to mop floors and that us ing these techn iques can he lp eliminate odours. For instance, when mopping a room such as a restroom, mopping should begin at the far end of the room working toward the door. Workers should be sure to clean every side along the baseboard, corners, and crevices on the way. If mopping a walkway, workers should first mop along the edges, just touching the baseboard, and then mop the open floor using a side-to-side figure-eight motion. Walking backward, each stroke should overlap the previous stroke.

must take the t ime to determine exactly what the source of the odour is, to evaluate which chemicals and products are being used, whether their tools are being cleaned properly after use, and if proper cleaning procedures and methods are in place.

Believe it or not, many managers and cleaning workers eventually come to view facility odour problems as a blessing in disguise. This is because dealing with these situations gives them the opportunity to learn a great deal about how to deal with a serious c leaning problem. That knowledge can then be applied to other cleaning issues if and when they materialize...as they likely will. 1

Mike Sawchuk has been involved with the green and professional cleaning industries for more than 20 years. He is Vice Pres ident and Genera l Manager of Enviro-Solutions, a leading manufacturer of proven-green cleaning chemicals based in Ontario.

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mAnAgEmEnt

Creating a condominium is a lengthy and detailed process. From

the purchase of a parcel of land through to design, approvals, marketing, sales, construction and after-sales service, hundreds of people contribute to create what is hoped to be a successful real estate product. In the long term, however, the success of a condominium depends a great deal on what happens after occupancy in the way of property management. Interestingly, as different as residential and industrial/commercial condominium development can be, the management of the occupied buildings works the same way.

Condominium management is the key to sustainable success

By JaCK winBerg

dEsign

September 2012 35

dEsign

My father, Burton Winberg, founded Rockpor t Group, which reg istered the first Toronto area condominium in 1968. At that time, “condominium” was seemingly dif ficult to pronounce let alone understand what it meant. Since then, we have developed thousands of condominium units of a variety of types. In addition to our residential condos, our first industrial condo was at 896 Brock Road in Pickering in the late 80s; and we pioneered the Common Element Condo in Durham as well.

In addition to our ongoing residential condos in Toronto and Aurora, we recent l y l aunched our W icks teed Business Park in Toronto’s upscale Leaside neighborhood – an industrial/commercial condo which will house units ranging from 1,000 to 30,000 square feet in size.

As divergent as these projects are, in the end, the owners look for the same things when it comes to management. They expect capable snow removal and lawn mowing and that there is adequate insurance. They want the common areas kept clean and the equipment in good repair. Per formance audits and reserve fund studies have to be properly carried out and followed up. In short, they expect the obligations and p rocedures set fo r th i n the Condominium Act to be respected. This requires careful consideration and oversight when choosing a property manager, which is the job of the condominium board of directors.

W h e t h e r t h e c o n d o m i n i u m i s residential or industr ial /commercial, the property manager ought to have experience and understand the value proposition of maintaining buildings and the grounds around them, as well as ensuring value added preventive maintenance is done.

A l l of th is is more compl icated than it used to be, now that buildings contain green elements. For example, at Wicksteed Business Park, we are installing Tier 1 Green Standards such as a green roof, l andscap ing that reduces the heat island effect, Low-E windows and items that reduce light pollution and increase water efficiency.

The property manager will have to understand the importance of these items and how to keep them working well over time.

Whether residential or industrial, condominium owners have the right to demand good service. For those who live in a condo, it’s their home. For professionals, their businesses are their livelihood. At Rockport, we set up the management of our condominiums to provide an excellent level of service. We do all we can to think like a customer and try to imagine the first impression our properties give.

All condominium owners want to know they are getting the appropriate level of service. This can involve solving disputes, which means the property manager must possess good people and communication skills. For example, an industrial/commercial condominium will have parking and signage rules to be enforced for the benefit of all.

O n t a r i o ’ s C o n d o m i n i u m A c t regulates the way people who own in a

condominium cooperate. Most recently overhauled in 1998, the Act is currently being modernized to reflect the needs o f to d ay ’s p u rc h a s e r s . P ro p e r t y managers will have to keep current with what’s happening on the provincial front in order to continue to do their job well.

And a big job it is. The good news for proper ty managers is that when they deal with owners, there is a real interest in doing whatever is in the best interests of the condominium. T he i r p r i d e o f ow nersh ip sh ines through. Everyone wants a property manager who sees and values the condo as an asset – and whether residential or industr ial /commercial, the rules are the rules. 1

J a c k W i n b e rg i s P re s i d e n t a n d CEO of Rockport, a ful ly integrated re a l e s ta te se r v i c e s p rov i d e r i n Toronto handling all aspects of land acquisition, development, project and construction management and property management.

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rEguLAtions

A r e c e n t l y i n t r o d u c e d

regulation amounts to a temporary stop-work order for many large-scale geothermal projects in Ontario. O.Reg. 98/12 now mandates an Environmental Compliance Approval (ECA) for installers of vertical closed loop ground source heat pumps – the system configuration predominantly used for sites in more densely developed urban areas or district geothermal networks that would serve a housing subdivision.

Vertical geothermal systems newly subject to environmental approval

By BarBara Carss

“Ontario is the only jurisdiction in the world to institute this type of regulatory requirement,” says Ted Kantrowitz, Vice President of the Canadian GeoExchange Coal it ion (CGC), which represents Canada’s geothermal industry. “We find it extraordinary that after years of hearing that this is not a priority from government staff, a drastic and comprehensive new regulation is enacted within about five days without industry consultation.”

The new rules follow from an incident in an Oakville, Ontario neighbourhood in early May, in which drillers unexpectedly hit a natural gas pocket while drilling a geothermal borehole. In response, local officials and the

Ontario Association of Fire Chiefs called for enhanced safety measures.

“Under the Green Energy Act, 2009, the Town cannot pass bylaws that would prevent or restrict the installation of ground source energy systems so it is imperative that the Province take action,” urged Oakville Mayor Rob Burton.

One-time clearanceTo obtain an ECA, geothermal installers will have to engage a licensed engineering practitioner or professional geoscientist to prepare a work plan and summary of risk prevention and abatement measures for vertical closed loop systems extending more

September 2012 37

than five metres beneath the site surface. This must also be posted on the Ministry of the Environment’s EBR, Environmental Registry for at least 45 days, in keeping with the requirements for an ECA, before approval can be granted.

At a mid-June technical briefing, Ministry of Environment officials assured geothermal industry representatives that the ECA will be a one-time requirement for each installer, after which approved companies would be allowed to drill geothermal boreholes anywhere in Ontario. However, the regulation’s wording doesn’t clearly convey that message.

“It seems to apply to the heat pump, not the installer,” observes John Willms, a Partner with Willms & Shier Environmental Lawyers. “The EBR posting is also ambiguous.”

The EBR posting does offer the government’s rationale for its lack of public consultation, noting: “the delay involved in giving notice to the public and allowing for public participation could delay the making of regulations that would help reduce the risk that deep boreholes that are drilled for vertical closed loop geothermal systems could encounter explosive or flammable gasses and pose a risk to public health and safety.” Yet, it’s unclear how a one-time clearance for a driller’s operations would achieve this at any specific site.

In any case, the CGC forecasts that it will be late August before affected installers have fulfilled the necessary steps to resume work – a delay of more than three months from the regulation’s May 18th introduction, which has created layoffs and is expected to cause other economic losses for the industry.

Similar drilling activity overlooked“This regulation was adopted in a few days without any industry or public consultation,” says Denis Tanguay, the CGC’s President and CEO. “We have recommended that companies involved in geothermal drilling more systematically follow long-established safety guidelines used for comparable drilling activities within Ontario while more thorough and fair regulation is drafted and publicly consulted.”

The geothermal installers in the Oakville incident followed conventional safety protocol and had conducted a standard subsurface review and assessment of the site before drilling. The team’s analysis

rEguLAtions

indicated a natural gas deposit about 1,000 feet below the surface, but, instead, drillers hit a pocket at 250 feet. The resulting gas release was detected and safely ameliorated.

“The driller followed regular shallow-drill ing procedure, and would have encountered the exact same situation had he been drilling for pilings or water,” Kantrowitz notes. “There are about 55,000 water wells drilled in Ontario every year and about 2,500 boreholes so we’re wondering why the geothermal industry has been singled out.”

The regulation does not apply to horizontal or open loop geothermal systems, which do not entail drilling to the depth where natural gas could be encountered. However, vertical systems typically have the smallest footprint, which frees up more room for other below-grade functions like water storage or parking space in high-density urban areas and requires fewer system components and less labour on a subdivision-wide basis. 1

The preceding article is reprinted from Canadian Property Management, July 2012.

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Check indoor air qualityIn a condominium, there are a number of strategies that all residents

and condo owners can follow to reduce indoor air pollution.

Increase ventilation throughout the building.

Eliminate smoking indoors.

Maintain optimal humidity and moisture levels to prevent and reduce mould growth and dust mites.

Use low emission paints, varnishes, carpets and building materials such as countertops and cupboards during renovations.

Keep appliances maintained and working properly.

Use less toxic cleaning products.

Thanks to The Lung Association for these tips. For more information go to www.lung.ca.

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