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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 ". 523 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