The operator of two now-unoccupied retirement residences in Kingston has been found guilty of 45 fire code offences, fined $165,045 and sentenced to six months in jail.

Justice of the peace Deanne Chapelle found Muhammad Asif Qazi, owner of Q & Sons Management out of Mississauga, guilty on Friday afternoon, and there is now a warrant out for his arrest.

Municipal prosecutor Sarah Gareau said on Friday that neither Qazi nor a representative appeared in defence at any of the proceedings.

When the Whig-Standard called Qazi for a comment on his sentence, he claimed he had no idea he’d been charged or that any legal proceedings had taken place in Kingston. He resides in Mississauga and said he did not receive any notification or summonses to appear in court. The news that he’d been sentenced was delivered by the reporter over the phone.

“I had no idea,” Qazi said. “I haven’t been given notice, I haven’t given my version in court, how can I be guilty? … The first time I’m hearing about this is your call.”

Qazi hopes to appeal the sentence.

Qazi was the owner of Fairfield Manor East at 670 McLean Crt. and Fairfield Manor West 805 Ridley Dr. On Aug. 31, 2018, Kingston Fire and Rescue ordered the west-end location to be vacated, and on Sept. 3 they did the same to the east-end location.

The Retirement Home Regulatory Authority (RHRA) has revoked Q & Sons Management’s licences for both locations.

The closures left the residents, their families and the South East Local Health Integration Network scrambling to find new homes.

Qazi was found guilty of 14 Ontario Fire Code offences in relation to infractions at the west-end residence and 31 in connection to infractions at the east-end location. The $165,045 fine levied against Q & Sons Management is connected to 23 of the charges, while Chapelle ordered Qazi to serve two concurrent six-month sentences for 22 offences. Qazi has 15 days to pay his fines and court costs.

The offences against the company include not having a functioning portable fire extinguisher on site, not having staff properly trained on a fire safety plan, not having enough staff working to carry out a fire safety plan, and with not even having an escape plan in place.

The majority of Qazi’s charges stem from the fact that he knew none of these safety procedures were in place and yet did nothing about it.

“This conviction sends a strong message to the community, and to building owners, on the importance of complying with the Ontario Fire Code,” chief fire prevention officer Ted Posadowski said in a news release.

The Whig-Standard first reported on Fairfield Manor East in June of last summer when employees complained of not having enough staff on duty to care for the residents properly. Qazi adamantly defended himself against the allegations to this paper despite a RHRA inspection already finding that Q & Sons Management had in fact neglected residents. One of their inspections found that over two weekends there weren’t any staff on to provide medication, and two residents were taken to hospital as a result.

The RHRA initially ordered Fairfield Manor East to shut down by Oct. 31, but neither location made it that far. By the end of August, after numerous failed inspection by the RHRA, it was the fire department that forced the homes to shut down.

“We have made extraordinary efforts to work with the building’s owner to ensure the fire safety for these vulnerable residents without success,” Deputy Chief Kevin Donaldson said at the time. “Compliance with the Ontario Fire Code remains the responsibility of the owner.”

The homes were evacuated in early September, and Qazi said Friday that they’ve been unoccupied since.

scrosier@postmedia.com

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