By Connie Tabbert
Editor
COBDEN — Cobden businessman Doug Shields says he has 15 days to decide if he will appeal a decision handed down by the Safety, Licensing Appeals and Standards Tribunals Ontario of the Fire Safety Commission.
Following an inspection at the Chip Pit on Pembroke Street in Cobden in May 2012 and April 2013, Roy Church, an assistant to the Fire Marshall with the Whitewater Region Fire Service, handed in a report on April 19, 2013, advising the business be shut down until it conformed with fire protection systems.
The order was modified by the Fire Marshall’s Office to allow Mr. Shields to continue operation as long as he followed certain criteria.
In the tribunals report, which was included in last night’s Whitewater Region Township’s council package, it noted that during an appeal, Mr. Shields informed the tribunal that there have been no changes to the business since he purchased it in 2006 except the addition of two microwaves. It wasn’t until 2012 that the fire department conducted an inspection where problems were found.
Chief Wayne Heubner agreed there was nothing in the file of the Chip Pit that it did not meet fire safety regulations when the purchase occurred. He also noted there was no inspection at the time of purchase.
On April 19, 2013, Mr. Church gave Mr. Shields the order to comply and cease operations until he did so. However, the fire marshall’s office allowed the business to remain open if it put fire extinguishers in the business.
At the end of this appeal, the tribunal agreed that by July 1, 2014, a weekly cleaning program, incorporating surface cleaning and degreasing of filters, be established, which is to be approved by the chief fire official.
As well, throughout the summer season, an inspection must be conducted every other month by a properly trained, qualified and certified company or people acceptable to the chief fire official.
In its ruling, the tribunal has allowed Mr. Shields to continue operation, but has until October 15, 2014 to install the exhaust and fire protection systems required to meet the criteria of the Ontario Fire Code.
As for purchasing the property and maintaining it to the standards previous to that time, the tribunal disagreed noting it would be “impractical in the judgement of the authority having jurisdiction, and only where it is clearly evident that a reasonable degree of safety is provided.”
In its statement, the tribunal wrote: The tribunal does not accept the argument that retroactivity referred to in the sections….exempts the Chip Pit from the Ontario Fire Code requirement to install exhaust and fire protection systems at the location in question….The appellant (Mr. Shields) has argued that it would be onerous to install exhaust fire protection systems during the summer months that constitute the busy season for the Chip Pit.”
During last night’s council meeting (June 25), Councillor Allen Dick questioned if, and if so, why, the first inspection at the Chip Pit wasn’t done until 2012. Chief Heubner said there are only two qualified inspectors in the township, and they have been busy inspecting all businesses within the region. Priority was given to such places where a large number of people gather or live, such as the senior and nursing homes and restaurants. However, it wasn’t until 2012 they were able to get to the Chip Pit and Dan’s Pizzeria.
While Dan’s Pizzeria did conform with the orders, Mr. Shields appealed the decision.
Mayor Jim Labow questioned if there would be repercussions if Mr. Shields did not follow the decision handed down.
Chief Heubner said he could not say, because the deadline to meet the criteria has not yet passed. He also won’t know until Friday morning, when he meets with staff from the Ontario Fire Marshall’s office, if Mr. Shields can appeal this decision.
Following the meeting, Chief Heubner said there are safety issues at this business and someone could get seriously hurt.
“We identified that in 2012,” he said. “We charged him and he appealed it. It went through the various levels to the fire safety commission and they ruled that this is what has to be done.”
Chief Heubner said there is at least one more similar business to be inspected, but until this situation was completed, he had been advised by the Ontario Fire Marshall’s there be no more inspections.
He admitted he is concerned with what could happen at the Chip Pit.
“Am I concerned with what could happen,” he questioned. “Absolutely . I’m always concerned where a life could be involved.”
Chief Heubner noted there was a recent death in southern Ontario due to a grease fire. A local paper recently reported on a fire caused by grease.
“Grease is very volatile,” he said. “I am always concerned where people could get hurt.”
Speaking as a business owner, he said he’s surprised Mr. Shields has taken this action in not taking precautions to ensure the safety of his employees and his business.
As a member of the fire department for several years, Chief Heubner said, “Everything we do on the fire side is for your safety. It’s all about safety.
“I’m sad that it’s gone this far,” he added. “I’m disappointed it has gone this far.”
Mr. Shields denied to comment on the situation, noting he has 15 days to decide if he will comply or appeal the decision.
