Downtown building owner and operators fined under the Alberta Fire Code
Under the Alberta Fire Code, the owner, manager and operators of a downtown office building have each been found guilty of one count of failing to immediately notify the Fire Department in a diesel spill that took place on June 21, 2011. A Provincial Court Judge has handed down a total of $30,000 in fines against 1023808 Alberta Ltd., Brookfield Properties Management Corporation and Brookfield Properties Ltd in relation to the spill that took place at Fifth Avenue Place (420 – 2nd Street SW) in Calgary.
“Failing to ensure that the Fire Department is notified immediately once a flammable or combustible liquid has spilled, is a serious offence,” said Ed Kujat, Fire Marshal, Calgary Fire Department. “There is risk to both people and the environment.”
A spill of approximately 300 litres of diesel occurred on the roof of the 34th floor during the installation of a new generator and diesel storage tank. It took more than two hours after the spill was detected for staff and contractors working on-site to notify emergency responders. Upon arrival, fire crews activated the fire alarm and initiated an immediate evacuation of the building.
“Serious incidents such as this require emergency responders to be involved,” said Fire Marshal Kujat. “It’s a public safety issue. Building owners, managers and operators have a legal duty to ensure that they are in compliance with the Alberta Fire Code and the Safety Codes Act. We are pleased that this responsibility was recognized and re-enforced by the courts.”
In handing down a decision, the trial Judge recognized that had the spilled fuel entered the roof drainage system or ignited, the consequences could have been catastrophic. Thankfully, no injuries were sustained during this event.
The Alberta Fire Code (2006) outlines the minimum standards that business and building owners must maintain. The maximum fines for charges in this instance were limited to $15,000 per offence. Fines for violations have gone up significantly in Alberta for offences occurring after December 2012 – from a maximum penalty of $15,000 per offence, now up to a new maximum of $100,000 per offence.
The Calgary Fire Department enforces the Alberta Fire Code to uphold citizen rights to live in safe dwellings within safe communities. Members of the Fire Department continually work to reduce injuries and fatalities through inspection, prevention and public education programs.
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