The owner of an apartment complex in Riverdale has been fined $15,000 in accordance with the Yukon Fire Prevention Act and the city’s Emergency Services Bylaw.

Judge Richard Schneider presided over the sentencing hearing in territorial court today.

Tummel Holdings Ltd. received two fines, $7,500 each, for failing to provide assistance during an inspection and failing to maintain a record of smoke and carbon monoxide detectors.

Tummel’s property is the Skyline Apartments at 37 Lewes Blvd. It was built in 1977.

The complex has 44 units and three laundry rooms. Tenants renting there include people dealing with addictions, median workers or just the average pet owner, court heard. The building is now for sale.

Wayne Smyth, Yukon deputy fire marshal, told Schneider he had a joint submission with Tummel’s lawyer, Meagan Hannam for sentencing conditions. Smyth explained the charges and the conditions.

In January 2016, the building was inspected for fire code compliance.

The results were not encouraging. The building at the time had an unverified fire alarm system and no sprinkler system.

The emergency lights and exit lights were not working. There were no fire extinguishers nor fire separation walls.

Smyth said there was some progress, albeit at a slow pace. In October 2016, he felt there was some compliance but in February 2017, there was a complaint detailing that the fire prevention equipment not working.

This complaint led to Tummel being charged and later convicted for not following the fire code in 2017. Tummel was fined $2,500.

There were two fires at Skyline in 2017 and one in 2018. Smyth said two appear to be arson.

There were multiple inspections after the conviction, one this past March.

Tummel was given written notice that an inspection would take place on March 12 at 9 a.m. and a company representative would have to be on site to assist. When fire crews arrived that day, no one from Tummel was present.

Smyth said the letter made it clear that failure to assist fire personnel would result in a violation of the Fire Prevention Act. This meant that fire personnel did not have access to three suites.

“We were caught between a rock and a hard place,” Smyth said.

Regardless, the inspection took place and Tummel was charged.

The second charge was a result of an order dated June 14, 2017.

Tummel was ordered to keep a documented record of its smoke and carbon monoxide detectors. There was no compliance to that order.

Smyth explained that while this may sound like a small bookkeeping issue, it is an important aspect of building safety that cannot be ignored.

Keeping the proper documentation would indicate information such as when a smoke detector was first installed and other such information useful to emergency services personnel.

Smyth said fines and convictions under the Fire Prevention Act are rare.

To his knowledge, this is only the second time charge have been laid, the other being Tummel’s case last year.

The standard fine in the Yukon is $10,000.

Smyth said there have been two inspections since these charges were imposed.

These inspections have revealed that Tummel has made progress on its issues, which Smyth found encouraging.

A company representative is reported to be conducting patrols once a day. During these patrols, the representative searches for safety issues.

“I am pleased at the progress being made,” Smyth said.

Hannam said she agrees with the deputy marshal’s points.

She did point out that there was no one hurt as a result of the non-compliance and detailed that Tummel has been dealing with vandalism on the property.

It was reported that some of the safety equipment installed ends up being destroyed, putting the owners in a tough situation.

As for the failing to assist, Hannam said it was not deliberate. The owner missed the part of the letter detailing the required assistance.

Tummel took full responsibility and plans on working with the fire department.

Hannam wanted to make clear that her client takes safety seriously.

“The landlord takes the health and safety of tenants very seriously,” Hannam said.

Schneider said he found the fines reasonable. He gave Tummel four months to pay the fine.