Reply To: Enforcement Question

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HOME Forums Reply To: Enforcement Question

#2548

Rob, I know I’m chiming in late but let me just add my two cents. Once you have a conviction and the time you have given for compliance has passed, you need to reinspect to determine if the deficiencies are still outstanding.

On determining that there are still deficiencies, these are your options:
1. Issue a new Inspection Order (always the risk of appeal and delays compliance)
2. Charge for the actual fire code violations (on conviction have the Prosecutor ask for two things in addition to any fine: a probation order prohibiting the commission of the same or similar offence and if the work has not been complied with at the time of the plea, an adjournment for sentencing to allow the defendant to comply before sentencing (this usually prevents the situation which you are finding yourself currently in)
3. S. 31 application (you will need legal counsel for this and puts the responsibility on the FD)
4. s. 32 application (you will need legal counsel for this. Breach of this Order can result in jail time)
5. s. 33 Fire Safety Commission (initial cost to the FD but recovery of cost available through s. 35

Hope that helps.
Nan