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Fire Code Commission Decision Summary

DECISION NO. 96A002-109
Date:April 2, 1996

SUBJECT MATTER


An Order to Pay Costs was served on the owner of a tire storage facility by the Fire Department to recover costs incurred by the municipality in removing tires from the premises.

GENERAL DESCRIPTION OF PREMISES


The premises is used primarily for the outdoor storage of tires. It is triangular in shape  and approximately 1.2 acres in area. A one-storey concrete block building, 3813 square feet in size, is located on the site.

APPELLANT'S POSITION


The owner believes the order is deficient and not enforceable in that it did not include a detailed account of the costs incurred by the municipality as stipulated in Section 18.5 (2)(b) of the Fire Marshals Act R.S.O. c. F17, as amended.

RESPONDENT'S POSITION


The fire department explained that the costs resulted from a previous decision by the Commission authorizing the municipality to remove the tires from the site. 

COMMISSION RULING


The Commission modified the Order to Pay Costs as follows:

-    Less $2,612.94 (with GST adjustment) incurred for legal fees prior to the decision of the Commission on June 27, 1995.

-    Plus the Commission allows the reasonable cost of the preparation and attendance of Fire Department and its advisors at the Fire Safety Commission hearing on April 2, 1996.

REASON

The Commission noted that the Respondent's Book of Exhibits adequately documented the process used and costs incurred. The Commission acknowledges that the City provided a thorough list of possible candidates for the work, including consulting with the owner for any candidates that he might have suggested.

The Commission believes that the owner, if he had concerns, failed to show due diligence in tracking the process for which he was ultimately responsible. The owner did not provide any evidence that detracted from the City's evidence and his arguments were conflicting and unclear.

The task for the tribunal was to satisfy itself that reasonable detailed accounting of the costs incurred by the municipality was supplied and that the costs were reasonable for the work performed.