N.S. developer appealing fire inspector’s order for former Bloomfield School: ‘This vacant building’s structural integrity is in question’

The developer who owns the former Bloomfield School site in the heart of north-end Halifax is appealing a fire inspector’s order to get a structural integrity assessment of the vacant building.

An inspector with the city’s fire prevention division ordered Banc Investments Ltd. to comply with the order regarding its Agricola Street building by Oct. 20.

“This vacant building’s structural integrity is in question which is preventing safe entry of fire department personnel,” says the Oct. 5 order, signed by Dustin Garnett, an inspector with Halifax Regional Fire and Emergency.

Garnett’s accompanying letter to Banc president Alex Halef notes company directors can be fined up to $25,000 andcompanies can be fined up to $50,000 for not complying with an order made under the Fire Safety Act. Those penalties can grow up to $150,000 and $250,000, respectively, where there are aggravating circumstances.

‘All structural systems’

The analysis needs to be done by an engineer, Garnett said.

“The report shall include analysis of all structural systems of the building including the exterior façade,” the fire inspector wrote.

“The report shall be based on the comprehensive structural analysis of the entire building and not based on selective areas or obvious structural deficiencies.”

In an Oct. 13 letter to the provincial regulator, a lawyer for Banc said the company is appealing Garnett’s order as he “did not have a reasonable belief, based on all of the circumstances, that there has been a contravention of the Fire Safety Act at the property.”

‘Vagueness’

His order “fails to identify the alleged statutory or regulatory contravention,” said Richard Norman, a partner at Cox & Palmer.

“In the event that the order is upheld on appeal, the deadline to comply with the order is unreasonable give the size of the property and the vagueness of what is required.”

Banc asked, via Norman, for the Nova Scotia Utility and Review Board to quash the fire inspector’s order.

Closed for years, the city sold the surplus property to Banc for almost $22 million in early 2021.

The deal called for the work to start within five years. The new development slated to go in its place is supposed to include public space and a significant block of affordable housing units.

Halef could not be reached for comment.

‘You can still get in’

“The site has not been well maintained,” said Susanna Fuller, a community activist who lives nearby.

“The site has not been blocked off. The site is being used for parties and doing drug deals and all kinds of stuff. It’s a generally unsafe site. They have done a little bit to shut off some of the buildings, but you can still get in.”

Banc is taking too long to re-develop the site, said Coun. Waye Mason (Halifax South Downtown).

“There are concerns that there may be people squatting inside of the building that hasn’t been heated for a number of years,” Mason said.

“So, how do you know if there’s anybody in there if it catches fire?”

‘It’s not right’

Even the grass around the perimeter of Bloomfield wasn’t mowed this summer, he said.

“It’s not right; this is a very prominent site in the neighbourhood that people have pinned a lot of hopes on and better care should be taken. I’m really surprised that the developer didn’t tear the building down right away because the building is a liability to them.”

Banc was the successful bidder for Bloomfield and the site of the former St. Patrick’s High School on Quinpool Road.

“If interest rates changed and the proponent is too busy with the multiple properties that they’ve obtained and they can’t do St. Pat’s and Bloomfield at the same time, then they’ve got a hard choice to make,” Mason said.

“Because they’re going to have to either get both properties going, or they’re going to have to turn one back over to the city and we’ll sell it to someone who has the capacity to do something.”