NEW FIRE MARSHAL GROW-OP SAVVY

Former Niagara Falls Fire Chief Expected To Have Impact On Marijuana
Growing Across Province

TORONTO - As fire chief in Niagara Falls, Ontario's new fire marshal
garnered a reputation for helping police tear down marijuana grow
operations through his aggressive approach to fire prevention.

Although he said he is taking aim at fire hazards, not drugs, Patrick
Burke is expected to have an impact on grow ops and drug labs across
the province when he steps into the provincial role today.

"All we're interested in is the correction and prosecution of blatant
fire code violations," said Burke, who served with the Windsor fire
department for 34 years before becoming chief in Niagara Falls in 2002.

"We do that with every life-safety issue in Niagara
Falls."

Since adopting a "zero-tolerance" approach to fire safety several
years ago, Burke said the Niagara Falls fire department has levied
some $1.5 million in fines under the Fire Prevention and Protection
Act.

That's in addition to any Criminal Code charges laid by
police.

While not all the fines pertain to grow ops or clandestine drug labs,
Niagara Falls firefighters have helped dismantle more than 100 such
operations in the last 211/42 years.

A serious fire risk as a result of the chemicals, heat lamps and
elaborate hydro bypass schemes involved, grow ops also pose a health
and safety risk to neighbours and the enforcement officials who enter
them, Burke said.

"It wouldn't matter to me if they were growing marijuana or tomatoes.
If they bypass hydro and they're not complying with all of the
requirements of the (fire) code, then we're going to act," he said.

And since the act was amended last year to specifically target
marijuana grow houses, the penalties have doubled.

Individuals now face fines of up to $50,000, a year in jail, or both,
while corporations could be on the hook for $100,000.

As far as Burke is concerned, the charges shouldn't be directed only
at those producing the drugs. Landlords, superintendents and property
management companies all share the blame.

"They have a responsibility to know what's going on on the premises,"
he said.

Given the short jail sentences pot growers often receive, Ontario
Association of Chiefs of Police president Terry McLaren said the large
fines doled out as a result of Niagara's commitment to uphold the
province's building and fire codes could also prove to be a deterrent.

"Sometimes, they have a lot more teeth than the law does related to
grow houses," McLaren said.

Over the last eight months, Niagara Falls firefighters have also taken
advantage of recent amendments to the Municipal Act and posted some 70
"hazardous occupancy" and "no occupancy" orders on residences used as
marijuana grow ops.

"(It's) so nobody can go in them and throw a quick paint job and lease
them or sell them," Burke said.

The modest father and grandfather, who also holds a law degree and was
recently named president of the Canadian Association of Fire Chiefs,
will admit Niagara has become an authority on the subject of
dismantling grow ops and prosecuting offenders under fire
legislation.

Niagara hosted a nationwide seminar on marijuana grow operations,
while local fire prevention officers are often called upon to educate
justices of the peace and prosecutors on the matter.

"Niagara is one of the leaders in the country in dealing with this
problem," Burke said. "The interest level has been piqued and it's a
bit of a byproduct of what's going on with the wave of marijuana grow
operations that are setting up in the province."

An exceptionally large recent bust in Toronto has again brought the
subject to the attention of Ontario legislators.

The discovery of a massive grow house, spread through 22 apartments in
a Toronto highrise, prompted Opposition Leader John Tory to call on
the government to establish a provincewide directory of homes used to
grow pot.

He highlighted the Toronto case, in which the superintendent was among
three men charged criminally, as an example of the lax standards of
some landlords and building managers.

Burke said anything that will increase public awareness and safety is
a good thing.

Niagara Regional Police Insp. Bob Wright said Burke's grow-op savvy
was a huge boon to the region and he expects the province will benefit
from his knowledge.

"We thought Chief Burke's work with using the code to deal with the
grow ops was a blessing," he said.

But Wright said Burke will bring a whole lot more than just his
knowledge of marijuana grow ops to the position.

During his brief tenure in Niagara Falls, Wright said Burke
spearheaded the region's chemical biological radioactive nuclear
response team and proved a true diplomat when it came to managing 12
fire departments.

As Ontario fire marshal, Burke will be required to work with municipal
fire departments across the province on matters of public education,
fire prevention and protection, and firefighter training and
investigation. He will also advise the province on standards and
legislation related to fire prevention and protection and make
recommendations to improve safety.