The registered owner of a two-storey building occupied by ten residential rooms located at 26 Thorndale Cres. in Hamilton was convicted after pleading guilty in Provincial Offences Court on November 19, 2019.
The conviction was in regard to obstructing an Assistant to the Fire Marshal from exercising their duties.
“This charge is in regards to the owner not providing access into the building for the Inspector to conduct necessary followup re-inspections on work outlined in an Inspection order issued to the owner,” said Claudio Mostacci, Assistant Chief Fire Prevention Officer, Hamilton Fire Department, Fire Prevention Division.
In this case, the owner received a fine of $7,500 and eighteen months of probation.
“It is expected that owners/operators will work with their local fire officials to ensure their building remains safe,” said Peter deBoer, Chief Fire Prevention Officer, Hamilton Fire Department.
“Preventing an Assistant to the Fire Marshal from exercising their powers and duties is a chargeable offence.”
To date, Mostacci said, they have not been able to gain entry to the building to complete the reinspection.
“We are optimistic that this charge will prompt the owner to allow the inspector into the building, to determine at that time, if additional charges are warranted if work has not yet been completed,” he said.
“The building is equipped with a working interconnected Smoke/CO alarm system which would provide occupants early warning to a fire on any of the floors.”
The order on the building deals with fire separation and exiting issues. Once the inspector completes their reinspection they can determine if additional legal action is required, Mostacci explained.
To hinder, obstruct or interfere with an Assistant to the Fire Marshal while exercising his or her powers and duties is guilty of an offence under the Fire Protection and Prevention Act Section 28(1)(a).
If building owners have any questions regarding the Fire Protection and Prevention Act, Ontario Fire Code or any other fire safety matters, they are encouraged to contact the Fire Prevention Division of the Hamilton Fire Department at 905 546-2424 ext. 1380, weekdays between the hours of 8:30 am to 4:30 pm.