One of the two owners of a Port Colborne rental house where four members of a family were killed in a fire in late 2016 has been convicted under the Ontario Fire Code and fined $100,000.
The fire broke out at 53 Nickel St. early Dec. 14, killing a mother, her two young children and the woman's grandmother. Two men were able to escape the fire.
The scene at 53 Nickel St. took a great deal of time to clear, with heavy machinery brought in to remove the debris and firefighters working in sub-zero temperatures.
The owners of the property, a husband and wife from Dunnville, were charged in June 2017 after an investigation by the fire marshal's office — working with Niagara regional police, the coroner's office and the Port Colborne fire department — determined the owner failed to maintain smoke alarms and test them annually.
The investigation also determined the cause of the fire to be accidental, citing "misused ignition source/equipment improperly discharged."
At the time, fire Chief Tom Cartwright said that the fire marshal's terminology in the report means investigators ruled out all mechanical causes, with the possible exception of candles and cigarettes.
On Wednesday, July 18, Provincial Offences Court determined that, although the building was co-owned, it was the wife who had the responsibility to install and maintain the smoke alarms. As such, she was convicted of two counts of failing to comply with the Ontario Fire Code and was fined $100,000 — plus a 25 per cent victim surcharge — the maximum amount under the fire code.
In an interview, Cartwright said the fine should serve as a wake-up call to building owners.
"It sends a clear message about a landlord's responsibilities, and that's an important message to get out in the province of Ontario," he said.
He said the fire was the worst call he's responded to in his career of more than 40 years and that it took a toll on everyone involved, both professional staff and volunteer firefighters.
"That's the worst single incident I've been involved in with regards to fire," he said.
"It really brings tears to your eyes when you think about the devastation this brought to the family, their friends and the community as a whole."
The couple continues to own several rental properties in Port Colborne and elsewhere. Cartwright said all of their properties have come under increased scrutiny as a result.
"They have been and will continue to be," he said.
Residents who need help determining if they are in compliance with the fire code are urged to call the fire department at 905-834-4512.
Link to original article in Niagara This Week.com: Owner of Port Colborne property destroyed in deadly fire fined