Denny’s restaurant in Calgary fined for fire code infraction

Company unaware equipment inspections done by unqualified staff

The corporate owner of a Calgary Denny’s restaurant was fined Wednesday for not ensuring its fire protection equipment was properly maintained.

But City of Calgary lawyer Paul Frank said a minimal fine was in order since Dencan Restaurants Inc. immediately terminated its contract with Premium Fire Protection Ltd. — which is facing charges related to inspections performed by unqualified staff — when it learned of the uncertified inspections.

“After being served with the charges for offences under the Safety Codes Act, Dencan Restaurants Inc. ended their contract with Premium,” Frank told provincial court Judge Paul Mason.

Dencan “hired a new fire protection services company to reinspect all of their affected restaurants and to perform their fire protection services in order to meet their Alberta Fire Code compliance requirements,” Frank said.

Reading from a statement of agreed facts, Frank said on Aug. 8, 2018, testing and maintenance was conducted at the restaurant.

“Dencan Restaurants Inc. admits ... testing and maintenance on the special fire suppression systems at the Denny’s restaurant was undertaken by, what was later learned to be, unqualified and uncertified technician employees of Premium,” Frank said.

“As a result, the special fire suppression systems were not tested and maintained as required by the

Alberta Fire Code.”

In November, former Premium employee Dustan Kurz was ordered to pay $5,750 in fines and surcharges for conducting the work while uncertified.

According to a statement of agreed facts filed at Kurz’s guilty plea, he raised concerns about his lack of qualification and was told he could work elsewhere if he didn’t like it.

Mason accepted a joint submission from Frank and Dencan inhouse counsel Joanne Dickinson for a fine and surcharge adding up to $4,600.

Dickinson, who entered a guilty plea on behalf of the corporation, told the judge her employer had taken steps when it first hired Okotoks-based Premium to ensure it complied with the legislation.

She said Dencan was provided with the name of a technician and that individual’s qualifications before it signed a contract with Premium.

“When the inspection was done, the actual technician was changed,” Dickinson said.

“Unfortunately for Dencan, it wasn’t picked up.”

As part of the plea agreement, Frank dropped a second Safety Codes Act charge against the Crowfoot Denny’s and a similar allegation against a Shawville Boulevard S.E. Moxie’s restaurant associated with Dencan.

Premium and several other individuals and businesses still face outstanding charges that have yet to go to trial.