Basement apartments are a crucial resource in a city where affordable housing is scarce.

They can also be death traps.

In the past three years, 32 fires have occurred in illegal basement apartments in Brampton. Two people have died; five have been injured. The latest victim was a 29-year-old man who died of smoke inhalation on March 30 in a “minor” cooking fire that was extinguished quickly but still not quick enough to save him.

There were smoke alarms present, but it is not known if they sounded.

Smoke alarms are one of many crucial fire safety needs in a home with a basement apartment, said Brampton fire Chief Bill Boyes.

“We’re always concerned that, basement apartment or not, that every house has working smoke alarms,” he said. “That’s such a key factor in allowing people to get out and survive a fire.”

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The other requirements to make a basement apartment safe include fire separation between units to prevent fire and smoke from spreading, two ways out of every bedroom and a dedicated stairway drywalled with a fire-resistance rating, according to Rick Derstroff, fire investigations supervisor with the Ontario Fire Marshal’s Office.

“I think a lot of people (create basement apartments) and don’t follow the proper channels of getting them inspected,” Derstroff said. “If they do that (register them), they’re going to be advised what needs to be done.”

That’s what Brampton fire and building officials stress — registration will save lives.

“Everybody should come forward and register,” Boyes said. “It’s for the safety of their family, the safety of their tenants, and that’s really what it’s all about — making it safe for the city of Brampton.”

There are more than 3,500 legal, registered basement apartments in Brampton.

A map plotting their locations shows they are virtually in every neighbourhood.

All seem to agree there are likely many more illegal apartments in the city, but no one knows exactly how many or where they are.

“To be honest with you, we don’t know,” said John Avbar, the city’s manager of enforcement. “I wouldn’t even want to guess.”

He said he has heard an estimate of 30,000, but there is no documentation to support that number, so it really is just a guess.

But the 3,500 registered units are only the tip of the iceberg, city officials agree.

The city receives more than 2,000 complaints a year reporting illegal basement apartments. Of those, 75 per cent are valid complaints, he said.

In the past, various city departments have tackled the issue on separate fronts. That changed last year when the city created a new task force that targets illegal secondary units with a more focused strategy.

“Particularly since 2018, we’ve taken a harder stand (on illegal units), and we’ve upped our enforcement,” Avbar said.

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The task force brings together four enforcement officers, four building inspectors and two fire prevention officers who are using “advanced and innovative investigative strategies,” according to the city.

They tackle the tougher cases in which homeowners aren’t co-operating.

“These files, which may have historically been closed with no entry (for inspection), have been assigned to the task force, who are gaining success in getting entry into these units,” Avbar said.

In the past 12 months, as the task force continued to take shape, the city has had approximately 600 convictions in court against those with illegal secondary units.

Entry is an issue that makes enforcement more difficult, said city Councillor Jeff Bowman.

Brampton’s building inspectors must ask permission to enter a home to look for illegal construction or illegal basement apartments. And they must tell occupants they have the right to refuse.

But city inspectors can obtain warrants to enter if they have evidence, and Brampton firefighters also have a right to enter any building in the city to inspect for fire safety. But they, too, can be turned down and forced to obtain a warrant.

“I think that’s sometimes a (misconception), that we can just barge our way in,” said Andrew VonHolt, division chief, fire prevention, enforcement and public education.

Obtaining a warrant is a “resource-intensive process,” he said.

The recent tragedy prompted Bowman to write a letter to Premier Doug Ford, asking for more liberal entry rights for officials to investigate complaints.

“The only thing I’m asking is to put the onus on the homeowner to prove to us, if we’ve got reasonable cause, that there is no second unit in the house,” Bowman said. “Right now, the onus is on the city to prove there is a second unit, without allowing us to go in and take a look.”

Bowman hasn’t heard back from Ford’s office, but MPP Amarjot Sandhu said in an email to the Brampton Guardian that his government has already made other changes to the Fire Protection and Prevention Act to improve safety, and that it is a priority.

“We are always open to enhancements to fire safety and will carefully consider the suggestions in (Bowman’s) letter,” he said.

Even with more liberal entry rights, it’s an uphill battle, Derstroff said.

“It’s a tough road for the fire service to keep on top of,” he said. “First off, they don’t have the manpower to do it. You put the fire service and the building department together, with all the homes there (in Brampton), they’d be lucky to get 20 to 30 per cent.”

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