Brookfield Properties found guilty of fire code violation

Calgary fire crews on scene investigating a fuel spill on the roof of Fifth Avenue Place in June 2011.

The owner, managers, and operators of a downtown Calgary office building have been found guilty of violating the fire code in connection with a diesel spill in June 2011.

An Alberta court judge has found all parties involved guilty of failing to immediately notify the Calgary Fire Department about a diesel spill on the roof of Fifth Avenue Place.

Approximately 300 litres of fuel spilled on the 34th floor during the installation of a new generator and diesel storage tank.

According to investigators, it was nearly two hours before staff and contractors working on-site notified emergency responders.

When crews finally got there, they had to evacuate the whole building.

As a result, the judge has fined 1023808 Alberta Ltd., Brookfield Properties Management Corporation, and Brookfield Properties Ltd. a total of $30,000.

“Failing to ensure that the Fire Department is notified immediately once a flammable or combustible liquid has spilled, is a serious offence,” said Ed Kujat, Fire Marshal, Calgary Fire Department in a release. “There is risk to both people and the environment.”

The judge said during the decision that if the spilled fuel had entered the roof drainage system or ignited, the consequences could have been catastrophic.

No one was injured during the incident.

The charges against the involved properties were limited to the maximum of $15,000 per offence, but fines for violations have significantly increased after December 2012.

The violators under the updated fire code now face up to a new maximum of $100,000 per offence.