Property owner fined $100,000 in fatal fire

Smoke alarms not maintained

The owner of a home where four members of a Port Colborne family died in a fire nearly two years ago was fined $100,000 under the Fire Protection and Prevention Act Wednesday.

A release from Port Colborne Fire and Emergency Services said Nelly Engelage, the owner of 53 Nickel St., was convicted in Provincial Offences Court on two counts of failing to comply with the Ontario Fire Code in relation to the fatal fire.

Engelage also faces a 25 per cent victim surcharge along with the fine.

On December 14, 2016, Port Colborne firefighters responded to a reported structure fire on Nickel Street, near Mitchell Street, and found the two-storey home fully-involved on arrival.

Four occupants of the home — Tammy Burd and her children Samantha, 15 and Josh, 2, along with the great-grandmother, Eva Burd — lost their lives that morning.

The release said during the investigation it was determined that the owner of the home failed to maintain the smoke alarms and test the smoke alarms annually.

“This tragic event will have an everlasting effect on the families, friends and emergency response personnel involved, as well as our community as a whole,” said Fire Chief Tom Cartwright. “Our community must make every effort to live a fire safe life.”

Cartwright reminds all residents and owners of buildings in Port Colborne that under the Ontario Fire Code, smoke and carbon monoxide alarms must be installed and maintained.

Failing to meet these requirements could result in fines of up to $50,000.00 per count, he said in the release.

Mayor John Maloney thanked the fire service for it efforts on December 14 and the work done to seek the convictio.

“All residents of the city have the right to feel safe and protected in their homes and owners and landlords have legal responsibilities to ensure their safety,” Maloney said.