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City of Fernie orders demolition of fire damaged property
By Erin Knutson
The City of Fernie moved ahead at council’s November 28 meeting with a request for remedial action requirement following the determination from bylaw services that a severely fire-damaged property in the city was a public hazard.
“It has been declared hazardous,” said Bylaw Officer Tom Kramer during his presentation to mayor, staff and council.
Public safety was of significant concern, as demonstrated by the structural engineering report provided by Bluerock Engineering Ltd., conducted on October 11. Compliance on behalf of the owner, Frank Pilosio, was listed among the grievances outlined by Kramer in his report.
“Mr. Pilosio was served two remedial action requests already,” said Kramer.
Kramer carefully explained the chronology of the prior requests and the findings in the Bluerock Ltd. engineering study that confirmed the danger of the remains of Pilosio’s home to the community and surrounding residential buildings.
On October 23, the bylaw officer received an official report from the engineering company.
“Based on our observations, we recommend the building be immediately fenced off. In the report, we recommend that entry into the building be limited in its current condition,” said Bluerock Ltd. Engineer Clark Weber.
Weber accompanied Kramer and Pilosio on an hour-and-a-half on-site inspection of the property on October 11, finding several structural issues.
His report read: “The semi-collapsed roof along the northeast wall should be taken down soon. How that is accomplished is separate from our scope, but we can assist with that in the future if required.
“If the walls are not removed, the northeast corner should be braced to ensure it doesn’t move. The three roof bays overtop of the overhead doors consist of charred wood members, which appear to have questionable structural integrity, so determining their existing capacity would be problematic. These bays could likely collapse over the coming winter if not removed.”
Based on Weber’s findings, it was decided that the building should be fenced off with ‘No Trespassing’ signage visible to onlookers and that the northeast corner of the structure should be reinforced or braced in the interim.
Following review, Building Official Erik Stout echoed Bluerock Ltd.’s findings and wrote a letter to council, submitted on November 11.
“It is of my opinion that unsafe conditions are currently present at this property and immediate action by the City of Fernie be taken,” he said.
After discussion, though, the mayor and council members were sympathetic to Pilosio’s plight, and it was determined that option number one, to demolish the building within 31 days of Pilosio receiving the remedial action request, would be the best course of action.
“If the owner fails to do so within 31 days of this imposition of this remedial action requirement, the city shall be at liberty to enter onto the property by way of its employees, contractors or agent to cause the fire-damaged building to be demolished and removed.
Councillor Kyle Hamilton inquired about the unsightly premise clause attached to the property and if it applies to the property in the demolition; however, according to Kramer, the unsightly premise issue could be dealt with incrementally with the owner, separate from the impending demolition.
Mayor Nic Milligan shared an anecdote on safety issues in a community.
“Insurance companies used a 13-year-old boy as an example of liability. They are adventurous and curious. Once, a hangar collapsed in the airport, and a bunch of us boys were scrounging around. That no one was injured is remarkable. I appreciate that this report is thorough and on point, and I fully support this remedial action,” he said.
It was noted that should the costs of the action not be reimbursed by December 31 of this year, if the city sustained the expense, the amount would be placed on Pilosio’s property taxes for 2023.
“Council has not been unsympathetic to Mr. Pilosio. It’s a serious loss, and we’re not unsympathetic, but it’s now a hazard. He will also pay a price if something happens, and we can’t afford that,” said Milligan.
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