BAIE VERTE, N.L. — According to a court decision dismissing a law suit by Baie View Manor and its former owner Donna Rideout against Central Health and two of its employees, there were significant fire and safety concerns at the personal care home dating back to the early 2000s.
The suit relating to a hold placed on admissions starting in 2001 — for reasons relating to fire and safety concerns by Central Health — was dismissed in full by Justice David Hurley in Corner Brook April 20. Baie View Manor burned flat April 6 of last year. All 21 residents were evacuated safely with no injuries reported.
Hurley’s written decision outlines the history of inspections and notices given to Baie View Manor over the period of about three years. There were numerous deficiencies noted as well as the failure of the operators to follow directions of the inspector.
These included an electrical room being improperly used for storage; repairs required to the ceiling to maintain proper fire rating; the installation of handrails in hallways and ramps to National Building Code standards; the upstairs extension was not completed, had too much storage, no fire alarm pull station and bell or fire extinguisher; completion of a stairway also being improperly used for storage; and removal of an item from a hallway.
According to the court decision, Rideout took exception with some of the deficiencies noted in the 2001 inspection. She testified the fire alarm system was not needed in the unfinished apartment as it was not used and the existing system was sufficient. She also opposed attaching railings to the walls as she was directed, because they were unsanitary and would detract from the “home-like” atmosphere.
Later that year, Rideout was issued a licence — valid for 90 days — with conditions all deficiencies be rectified. After that period, a “freeze” was issued on all admissions due to non-compliance. In addition to the outstanding matters, the unfinished extension was being used to store more than 100 cartons of adult diapers and boxes of paper towels.
“The hold on admissions reflected the view that the situation presented a serious fire risk,” the judge’s decision stated.
Central Health employees believed the hold on admissions would force a timely response, but it did not.
About eight months after the original inspection, handrails were 70 per cent completed, the fire alarm system was not fully extended, and other fire and life safety features and building code requirements were not met. About a couple of months later, the inspector advised the fire commissioner’s office he had been informed the deficiencies were fixed. They were not.
The licence to operate the home was extended to the following year with conditions, and the freeze on admissions remained. Around this time, according to the court decision, the manor retained legal counsel. A question was raised about the authority of inspectors to recommend or enforce admission freezes. The lawyers for Rideout suggested such actions required board approval rather than staff.
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In January 2002, the fire commissioner consented to the admission of two residents, but the hold continued. In April of that year, another report identified six building and fire code discrepancies. A seventh issue was identified in relation to an automatic fire sprinkler system. That month, the freeze was lifted “on good faith of work progressing.” Rideout still appealed the directives to the minister that same month.
“As part of an overall review of fire protection in personal care homes, I have determined that fires in these occupancies in particular, typically can be quite tragic,” was the response of the fire commissioner to the appeal, the court heard. “The major contributing factors for deaths and injuries in these occupancies are (A) the limited physical or mental conditions of the occupants due to age or other conditions and (B) the minimum staffing levels typically maintained in combination with minimum training levels and response capability.”
Rideout told the court she disagreed with the commissioner. She said, as a Level 1 facility, it was unnecessary for conditions and standards for residents who have advanced disabilities requiring a higher level of care. Documents showed there were residents requiring Level II and Level III care, according to the decision.
Leaves business, province
In June of 2003, the orders were still not completed. Again, in early 2004, an order was given. In June 2004, Rideout left the province and was no longer involved in operating Baie View Manor. Her sister, Judy Loveman, and brother in-law, Don Loveman, oversaw the business. A conditional licence was issued, lifting the freeze as advised in years past.
Hurley dismissed the claims of errors made by Central Health throughout these times, that it was within their authority to make such orders and implement the hold on admissions. The justice also stated there was no evidence supporting claims of damages as a result of the freeze.
“Quite simply, there are a variety of reasons causing the profitability of a business to vary over a period of time,” Hurley stated. “Bad management together with imprudent and unwise decisions will often affect its performance. From February 2001 to June 2004, which was reviewed in these proceedings, Ms. Rideout’s management style was not in the best interests of the personal care home as a business.”
Fire investigation
At the time, Fire chief Lorne Head told The Nor’wester the fire was in the attic of a building that had undergone multiple renovations and extensions, leading to overlapping roofs. The fire was growing between those, which made extinguishing it that much more difficult, he said.
Current Baie Verte RCMP Sgt. Doug Hewitt says the investigation into the fire did not lead to an exact cause. The Nor’wester reached out to the fire commissioner’s office for more information on whether there were any other issues identified. A response was not given as of deadline.
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