Installing sprinklers would be ‘financially crippling,’ Halifax daycare argues
A Halifax daycare that’s been in the same location for nearly four decades is appealing a fire inspector’s order to install sprinklers, arguing the cost would be “financially crippling.”
A city fire inspector visited Happy Tots Preschool & Nursery in Fairview earlier this month, noting the “presence of infants in this facility” means it needs sprinklers, according to the National Fire Code of Canada.
“Previous requests for documentation providing any previous exemption from this requirement were not satisfied, there is no documentation to review found by this office or provided by the owner of the daycare to show exemption from this requirement,” Cory Webb said in his order to take action dated Jan. 11.
“A sprinkler system is to be installed in this facility.”
March deadline
His order requires the work at the Gordon Avenue daycare to be completed “on or before” March 29.
It notes the maximum penalty for an individual or officer of a company who fails to comply with the order is $25,000, or six months in jail, and that “aggravated circumstances” could bump that up to a $150,000 fine or two years imprisonment. The maximum fines for companies are $50,000, with a ceiling of $250,000 reserved for the worst offenders.
“In the case of a continuing offence each day that the offence occurs may bring an additional penalty,” Webb said.
A notice of appeal signed by the daycare’s owner, Louise Mullins, and assistant director Anna Marie Young, said Happy Tots has been operating out of the same building for 39 years.
‘Numerous repercussions’
“This recent order to take action will have numerous repercussions to the viability of our daycare, employees and the families that rely on us daily,” said the notice dated Jan. 15.
The facility takes care of 63 children, 11 of them infants on the main floor of the centre.
Installing sprinklers at Happy Tots “is impossible for a number of reasons,” said the notice of appeal.
“The main repercussion will be that this order will be financially crippling to our organization. We receive no funding or help of any kind to complete major changes to our centre; 100 per cent is on our shoulders alone.”
Job and care losses
Financial troubles brought on by the sprinkler demand could put 14 full-time employees out of work and leave 63 families without child care if the operation can’t continue, Mullins and Young argued.
“Secondly, to install something of this magnitude in a centre that is currently open and running on a daily basis will force us to put 11 infants and 11 families of these infants out of our organization to complete this work and it cannot be completed while children are present. This will also have a deep financial impact on our operation as we cannot afford to lose the income that these 11 families generate and still continue to operate.”
The daycare duo said they “feel that we are being targeted to complete something that has not been an issue through many years and many inspections without the proper notice and time to do so.”
‘At least’ six others
They said they’ve found “at least” six other daycares in Nova Scotia that take infants, but don’t have sprinklers.
“It is unfair to expect one to complete this request without requiring everyone to do the same,” said their notice of appeal.
“We ask that everyone be put on notice that this will be required and given sufficient notice that this will be happening in the future or that we are exempt given the conditions (at Happy Tots).”
‘Fair timeline’
The daycare is seeking an exemption or three-year extension to the sprinkler demand.
“A fair timeline of years is not an unreasonable request given the magnitude of the of the changes required,” said the notice of appeal.
A three-year extension would give Happy Tots the time “to research, obtain sufficient funding and complete this action as required,” it said.
“We have currently contacted three fire prevention services to give advice and have not had one response as of the date of this letter.”
