September 18th, 2012

Both the Milton, Ontario Landlord and the Ontario Tenant Pleaded Guilty!

Another Issue Regarding the Ontario Fire Code?

Yes, and this time both a landlord and a  tenant were involved.

Both a Landlord and a Tenant?

Both the landlord and the tenant pleaded guilty for  two separate smoke alarm violation cases in Milton, Ontario.

What’s the Background Story?

According to the MFD (Milton Fire Department), the very first charge began with a call for help they received in April of 2012.

And…

Upon arrival at the residence at Cabot Trail, the city Fire Teams found this individual rental unit existed without a working smoke detector.  Where? In the unit basement.  They also found a couple of smoke detectors even  had batteries which were not set up properly.

Who Was at Fault?

The homeowner pleaded guilty to ‘fail to install smoke alarms where required’ and was fined $230.

What About the Other Charges?

The second charge came during a requested MFD rental property inspection in May. Firefighters found no smoke alarm outside the sleeping area of the home on No. 25 Sideroad.

Was the Landlord Charged Again?

Upon investigation, the homeowner produced signed documentation that the rental property did meet the requirements of the Ontario Fire Code with respect to smoke alarms when the tenant moved in.

The Landlord Smartened Up!?

Yes,  the onus of the smoke alarm maintenance was actually placed upon…believe it or not… the tenant.

Upon closer inspection the MFD actually discovered the tenant had removed the smoke alarms and was subsequently charged with, get this,  ‘deliberately disabling a smoke alarm.’ Furthermore, the tenant was fined $100 in court Monday after pleading… guilty.

What Does the Fire Department Say?

Deputy Dave Pratt says: “These charges reflect the MFD’s zero-tolerance approach to smoke alarms as there is no excuse not to have them installed and operating,”

He continued, “Landlords who are found to be negligent in providing and maintaining smoke alarms for their rental dwelling units will be ticketed or charged under the Ontario Provincial Offences Act, as will tenants who intentionally disable them.”

We often think of fire dangers such as arson, but the working smoke detectors are also being treated very seriously by fire officials.

This is a Great Lesson for Ontario Landlords!

Yes, as we have seen previously the government is very quick to charge and fine small business landlords.

Landlords need to protect themselves from charges and fines.  The Ontario Landlords Rental Kit provides the protection they need.  Understand the Ontario Fire Code and make sure you check on all the smoke detectors.