HomeMy WebLinkAboutPD-82-96oN: iNCauesT.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
Meeting: File #
Date: Monday, June 3, 1996 Res. 41 - '-
Report #:
PD -82 -96
File #:
Subject: INQUEST INTO THE DEATH OF GUILIO MARINIG
MOSPORT PARK
Recommendations:
By -law #
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -82 -96 be received for information; and
2. THAT a copy of this report be forwarded to James G. Young, M.D. Chief Coroner
of Ontario.
1. BACKGROUND:
1.1 In response to a letter dated March 12, 1996 from Dr. James Young, Chief
Coroner for Ontario, Council, at a regular meeting held on April 29, 1996, directed
the Director of Planning and Development to review and report to the General
Purpose and Administration Committee on the Coroner's Jury recommendations
arising out of the Inquest into the death of Guilio Marinig on August 7, 1994.
1.2 A copy of Coroner's Jury recommendations are attached hereto. It is noted that
Recommendation Nos. 4 & 5 are applicable to the Municipality.
2. COMMENT:
2.1 Recommendation No. 4:
"Municipalities should have policies and procedures in place to monitor
building permits still being processed to ensure that construction is not
commenced prior to permit being issued ".
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REPORT PAGE 2
The recommendation is self - explanatory. As a result of the Jury's
recommendation, staff have proceeded to look at various alternatives to
implement the recommendation. The obvious difficulty is the limitation of staff
resources. On an annual basis, based on an average of 1,000 building permits
issued, a pre - building permit site inspection would amount to approximately 1,000
additional man -hours or about 2/3 of a building inspector. Given Council's
direction on hiring freeze, this is clearly not feasible at this time.
However, as an alternative, pre - permit inspection can be provided to a specific
type of permit application related to construction of public buildings and
structures. This includes buildings and structures such as hotel, grand stands,
theatre, shopping centre, place of assembly etc. where occupancies are provided
to the general public. As this type of application is limited in any given year, it
would have limited impact on available staff resources. Unless Council directed
otherwise, the Department policy will be changed to incorporate such a
procedure.
2.2 Recommendation No. 4:
"Municipalities should consider changing by -laws to fine owners who build before
a permit is issued".
The Ontario Building Code Act Section 8(1) provides no person shall construct
or demolish or cause a building to be constructed or demolished without a
permit. The Act further provides that a person or corporation convicted of an
offence in the courts is liable to a fine. The Act does not specifically allow the
Municipality to pass any by -law to set fine, nor does the Act stipulate any
minimum /maximum fine. Unless the legislation is amended, the Municipality
cannot implement this recommendation.
524
REPORT
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
HGW *FW *jip
May 27, 1996
Attach.
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
525
COUNCIL DIRECTION D -17
Office of the Chief Coroner Bureau du Coroner en chef 26 Grenville Street 26 rue Grenville Ontario
Toronto ON M7A 2G9 Toronto ON M7A 2G9
Tel (416) 314.4000 T61 (416) 314.4000
Fax (416) 314.3040 T616c (416) 314.3040
March 12, 1996
Pattie Barrie
Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Re: Inquest into death of Guilio MARINIG deceased August 7, 1994.
Please refer to our file number 14819.
Dear Ms. Barrie:
The enclosed copy of the Verdict of Coroner's Jury and the
Presiding Coroner's Explanation, concerning the above Inquest,
appear to be of interest to you.
We request that you bring the Jury's Recommendations to the
attention of your Council.
May we be informed with respect to the implementation, or
otherwise, of the Jury's Recommendations relevant. to you, or any
comments you wish to make concerning them.
If you are aware of any other individuals or organizations who
might be interested in the attached material, please do not
hesitate to pass this information on to them.
I wish to advise you that your reply will be considered to be a
public document and may be released to interested__parties, on..---
request. 6.is f � 1.tnON
Yours very truly,
t t %(Ei;K /w
., , .
e s G . Young, M.D.
C1- ►-ic.f. Coroner fo.►r Ord arar;' _...........� _.
JGY:pc
We,
the
The coroners Act - Province of Ontario
VERDICT OF CORONER'S JURY
Rita MILLER
James LOVELOCK
Paul PENNEY
Diane CAVE
Francis FIELDING
jury serving on the
surname MARINIG
of
of
of
of
of
inquest into
Courtice, Ontario
Whitby, Ontario
Whitby, Ontario
Alax, Ontario
Port Perry Ontario
:he death of
Given names Guilio
aged 83 , held at 605 Rossland Road East Courtroom #3 Whitby_,
Ontario on the 20th, 21st, 22'hd 23rd 24th day of November
19951 by Dr. R. Allin Coroner for Ontario, having been duly
sworn, have inquired into and determined the following:
1. Name of deceased: Guilio MAR NIG
2. Date and time of death: August 7, 1994 1.10 b m
3. Place of death: Sunnvbrook Health Science Centre
Toronto
4. Cause of death: Accidental Causes
5. By what means: Death is attributed to diffuse alveolar
damage of lungs acute bronchopnemonia
and i.schemic bowel disease complicauting
trauma to soft tissue and skeleton
Rita Miller Jim Lovelock
Foreman Paul Penney
D. Cave
Francis Fielding
Signature of Jurors
This verdict was received by me this 24 day of November 1995
Dr. R. Allin
Coroner
VERDICT MUST BE FORWARDED TO THE CHIEF CORONER AND A COPY TO THE
cc 010 (rev16 /90 wp5.0) CROWN ATTORNEY
527
At approximately 22:15 on July 30, 1994 while standing and
observing a race at Mosport Speedway (Oval Track) Mr. Guilio
Marinig suffered severe trauma as a result of a fall of approx.
20 feet when a walkway plank broke on the North Grandstand. He
was taken by ambulance to Bowmanville Hospital arriving at 22:46.
After further examination, at 23:00 arrangements were made and he
was transferred by air ambulance to the trauma centre at
Sunnybrook Hospital, Toronto arriving at 02:30.
Mr. Marinig was under Doctors care until his death on August 7,
1994.
528
RECOMMENDATIONS:
1. Whenever a Ministry of Health ambulance is required to be on
hand for the contestants of an event a first -aid post must
be established for the spectators. This first aid post 1)
must be staffed by a.certified first - aides:
2) must be in communication with authorized personnel if
situation is more serious:
3) regular announcements throughout event identifying
location of first -aid posts:
4) appropriate signs identifying location of first -aid
facility:
5) must be accessible to the spectator area.
2. The individual at the gate by the start /finish tower at
Mosport Raceway should be equipped with radio communication
with authorized personnel, in case assistance is required.
3. At all spectator events all staff should have a job briefing
before each event to outline each person's roles and
responsibilities how to respond to an emergency.
4 Municipalities should have policies and procedures in place
to monitor building permits still being processed to ensure
that construction is not,commenced prior to Permit being
issued.
5. Municipalities should consider changing by -laws to fine
owners who build before a permit is issued.
6. A,suitable Ministry should be inspecting and certifying all
portable and stationary grandstands in conjunction with the
Association of Professional Engineers of Ontario, at the
owners expense.
7. The facts & recommendations following from this Coroner's
inquest should be publisized among Ontario Municipalities.
529