The Toronto Community Housing Corporation has been handed a $100,000 fine after pleading guilty to a fire code violation in connection with a deadly blaze at a Malvern building last year.
The February 5, 2016 fire on the fifth floor of a building at 1315 Neilson Rd. claimed the lives of four elderly residents and injured 15 others.
A subsequent investigation by the Ontario Fire Marshal determined that the blaze was intentionally set but also found that the presence of “combustible chairs” in an alcove accelerated its spread.
Following that investigation the TCHC was charged with three offences under the Fire Protection and Prevention Act, including permitting combustible materials to accumulate in a means of egress, failing to instruct supervisory staff in the fire emergency procedures in the fire safety plan before they are given responsibility for fire safety, and failing to implement the approved fire safety plan in the building.
On Thursday at the Toronto West Court Office, the TCHC pleaded guilty to the latter count - failing to implement the approved fire safety plan in the building – and was fined the maximum allowable amount of $100,000. The other two charges were dropped.
“The fire developed as rapidly and deadly as it did because of the polyurethane foam that was in the chairs in the alcove but there were certainly elements of the fire safety plan that were not implemented as required that more than likely would have increased the survivability of some of the residents and the likelihood off less injuries, “Deputy Fire Chief Jim Jessop told CP24 outside the court office.
Jessop said the Feb. 5, 2016 fire was the deadliest blaze in the city in more than a decade and could have easily resulted in more fatalities had it “not been for the heroic efforts” of some firefighters who helped to rescue residents from higher floors in the building.
For its part, the TCHC's Interim President and CEO Kevin Marshman said in a statement that neither the charge that the housing agency pleaded guilty to or the agreed statement of facts suggests that the deficiencies in the implementation of the fire safety plan “caused or contributed to any loss of life, injuries or damage to the building.”
Marshman also noted that the TCHC "immediately addressed the deficiencies noted in the charge."
The TCHC has previously contended that the armchairs blamed for the quick acceleration fo the fire were adjacent to the hallway and were allowed under the fire code.
“Toronto Community Housing once again expresses its heartfelt sympathy to the families of those who lost their lives in this fire as well as to those who were injured,” Marshman said in the statement.
The TCHC has made several changes since the fire, including implementing a new fire safety plan for the building and committing to inspect all residential high-rises at least once every year.
About 500 TCHC building supervisors have also received training in fire prevention in the wake of the tragic blaze.
Reacting to news of the fine outside the court office on Thursday, the son-in-law of one of the victims who perished in the fire said that while it brings some closure it doesn’t amount to much.
“The charge that they pled guilty to is the lesser charge,” Fitzpatrick Richmond said. “As much as it brings and end it still is not satisfying to us.”
A criminal investigation into the fire remains ongoing and no arrests have been made to date.
