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Author Topic: Inspector charged with criminal negligent homicide  (Read 93 times)
Bill Mullen
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« on: July 28, 2010, 06:27:32 AM »

This could have far-reaching implications.

Bill Mullen

http://www.denverpost.com/frontpage/ci_15609437
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Roy Cooke
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« Reply #1 on: July 28, 2010, 11:26:18 AM »

Thanks Bill , Here is the artical


This was a Contractor and the towns building inspector .
It is unfortunate that they do not give Building inspectors enough time to do a proper job
most areas they have 15 minutes and some area none  .
This shows even Homes that cost $8,500,000;00 can have concerns
 Vern Mitchson was on TV and in Alberta they are talking about New Homes today .
http://www.albertaprimetime.com/Stories.aspx?pd=1292&FlashVars=Video/PTG_072710.flv

Roy
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Contractor, home inspectors indicted in carbon-monoxide deaths of family
By Jason Blevins
The Denver Post


A contractor and a building inspector have been indicted on homicide charges in connection with shoddy ventilation work that led to the 2008 carbon-monoxide poisoning of a Denver family at an Aspen-area vacation home.

Marlin Brown, owner of Roaring Fork Plumbing & Heating, and now- retired City of Aspen building inspector Erik Peltonen were each indicted on four felony charges of criminally negligent homicide. The two, as well as Brian Pawl, a Pitkin County building inspector, also face misdemeanor counts of reckless endangerment. The indictments were announced Sunday.

The charges follow a Pitkin County grand jury investigation into the deaths of the four-member Lofgren family, who had won a Thanksgiving 2008 stay at the house.

Assistant Deputy District Attorney Arnold Mordkin said Brown installed the boiler and venting system at the $8.95 million home on Popcorn Lane, east of Aspen. Peltonen, a city employee working for Pitkin County, inspected the home.

Pitkin County sheriff's investigators concluded that dislodged venting pipes for the boiler that handled hot water and the driveway-snowmelt system flooded the home with "extreme levels" of carbon monoxide as the family slept.

According to police reports, 8 feet of exhaust pipe was unattached between the boiler and the vent outlet. Deputy Brad Gibson wrote in a report that it did not appear the PVC exhaust pipe had ever been glued together.

Gibson also reported that several experts who investigated the scene did not find any carbon-monoxide detectors, even though a 2005 inspection report mandated the installation of the alarms.

One boiler specialist, Mark Passamaneck, told investigators he thought the installer of the leaking boiler was "reckless" and the installation "was not done to a reasonable community standard," Gibson wrote.

Gibson also toured the home with Brown, who worked on the home sporadically from 2004 to 2005. Brown told Gibson he could not remember if he used glue to seal the joints of boiler exhaust pipes.

Still, Pitkin County Sheriff Bob Braudis in January 2009 said the evidence did not support negligent homicide charges. He forwarded his investigation to Mordkin, who asked a judge to empanel a grand jury, which convened in July 2009. A week shy of a year later, the 12-member grand jury made its decision.

Brown and Peltonen were arrested and released on $11,000 bond. Pawl was released on a summons to appear. The three will make their next court appearance Aug. 16.

"This took a long time," Mordkin said. "This is a very serious situation, and you don't want to rush and you don't want to make mistakes."

Denver investment banker Parker Lofgren, 39, his wife, Caroline, 42, and their children, 10-year-old Owen and 8-year-old Sophie, were found dead by friends in the home's master bedroom the day after Thanksgiving 2008. The Lofgrens had won a stay at the house as part of a fundraiser at Denver's St. Anne's Episcopal School. The house was owned by Jonathan and Carla Thomas, whose children also went to St. Anne's.

The home's master bedroom was above a utility closet that housed the leaking boiler. The children, who had apparently awakened in the middle of the night, were found on the floor of the bedroom. Both parents were in bed, with Owen near his father and Sophie near her mother.

Relatives of the Lofgren family said they were grateful for the indictments.

"We feel their deaths were absolutely preventable and we are not surprised with this outcome," said Hildy Feuerbach, Caroline's older sister. "I think the negligence there was just shocking. . . . It's a tragedy that could have been averted if the people involved had done their jobs with reasonable care."

Mordkin said the home, which was for sale for $8.95 million, had been approved for residency by county inspectors in 2005 or 2006, roughly a year after it was built.

At some point, the building-inspection process broke down, Mordkin said.

"That is our contention," he said. "Once the house is inspected, it is not the building inspector's job to make sure somebody does not do something stupid. That would be very unfair."

Messages left for Brown at his Glenwood Springs shop were not returned. A woman answering the phone at Peltonen's Basalt home said he, on advice from his lawyer, could not comment. Pawl could not be reached.

Pitkin County Commissioner Michael Owsley said Pawl and Peltonen, the latter of whom he has known for more than 40 years, are "some of the most outstanding employees we have."

"These guys are dedicated public servants who woke up every day thinking about public safety," Owsley said. "I'm sure they are devastated and their families are devastated. The Lofgren tragedy was bad enough, and this, as far as I'm concerned, makes this an even greater tragedy."

Pitkin County attorney John Ely said he needs direction from the county commissioners on how to proceed in terms of defending the county's employees.

"This is something totally outside the box," said Ely, noting a lack of legal precedent or protocol.

The Lofgren deaths, as well as the January 2009 carbon-monoxide poisoning death of University of Denver student Lauren Johnson, prompted Colorado lawmakers in March 2009 to pass a law requiring carbon-monoxide detectors in most homes. The odorless gas kills as many as 500 Americans a year, primarily from poorly maintained furnaces and gas stoves, according to the federal Centers for Disease Control and Prevention.

The Lofgren family, in a statement, said the criminal charges and pending civil action "will send a clear message to contractors, and building inspectors and even manufacturers of heating equipment to ensure that such senseless carbon-monoxide deaths are prevented in the future."

Jason Blevins: 303-954-1374 or jblevins@denverpost.com



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About negligent homicide

University of Denver law professor Kristian Miccio said the key to proving negligent homicide involves a "reasonably prudent" standard. In this case, the question is whether a reasonably prudent person would know there was a deficiency in the home's ventilation system that posed a "substantial and unjustifiable risk," she said. "There has to be a gross deviation from the standard of care that a reasonable and prudent person in regular circumstances would have understood."

Jason Blevins, The Denver Post
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Roy Cooke
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« Reply #2 on: July 28, 2010, 11:30:58 AM »

Please note this too Could effect our Industry BIG Time ..

Roy

Workplace Safety Tour Kicks Off
July 28, 2010

McGuinty Government Targets Construction Workplaces In Safety Campaign
Ontario is launching an eight-week campaign with its health and safety partners to urge workers and employers to put safety first on construction sites across the province.

The province kicked off the campaign at a construction site in Toronto today, emphasizing the need for everyone on the job to train properly, be aware of dangers and keep everyone safe. The tour will be making a number of stops across the province including Hamilton, London, Kitchener, Sault Ste. Marie, Ottawa, Kingston and Peterborough.

A new workplace safety toll-free phone number is also now available. The public and workers can call 1-877-202-0008 to report labour practices or work conditions that appear unsafe.

Sponsored by the Ministry of Labour, the Workplace Safety and Insurance Board and the Infrastructure Health & Safety Association, the campaign targets construction sites and local offices with important information that will increase awareness of enforcement and safety.

This campaign follows a recent 90-day safety enforcement blitz of more than 2,800 Ontario construction sites.  During the blitz inspectors found many violations related to missing or inappropriate use of guardrails, scaffolding and fall protection systems and supervisor and worker training.
QUOTES
"Workers, supervisors and employers need to watch out for each other on construction sites. I hope these strong messages will remind them of what's at stake. It's about going home to your family safe and sound at the end of the work day."

 – Peter Fonseca
Minister of Labour

QUICK FACTS
Since 2005, Ontario has doubled its staff of full-time occupational health and safety inspectors to 430 - including 157 construction inspectors.
This workplace safety campaign has been developed in multiple languages to reach thousands of workers, employers and supervisors across the construction sector.
An expert panel, led by former Cabinet Secretary and Deputy Minister of Labour Tony Dean, is now examining Ontario's occupational health and safety system and will make recommendations this fall on workplace safety issues.
LEARN MORE
Safe At Work Ontario strategy to help strengthen workplace safety
Construction section of the Ministry of Labour website
Expert Advisory Panel on Occupational Health and Safety
Proactive workplace health and safety inspection blitzes
CONTACTS
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Roy Cooke
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« Reply #3 on: July 28, 2010, 01:01:02 PM »

Vol. 7, Issue 2 http://www.oninjuryresources.ca/2010-02-0ICompass-CarbonMonoxide.pdf

Produced by South West Central South Central West Central East Toronto East North Ontariorgency Department Visits

a. Age-standardized rate per 100,000 population. Note: Region of residence unknown/outside of Ontario for 24 emergency department

visits and <5 hospitalizations.

Carbon Monoxide Poisoning

On average, each month close to 150 people are seen in an emergency department for carbon monoxide poisoning.

FIGURE 1. Emergency department visits forcarbon monoxide poisoning by age and

sex (Ontario, 2007/2008)

FIGURE 2. Emergency department visits for carbon monoxide poisoning by intent

(Ontario, 2007/08)

TABLE 1. Regional comparison of carbon monoxide poisoning (Ontario, 2007/08)

February 2010

Results

During the 2007/08 fiscal year, there were a total of 1,782 emergency department visits and 102

hospitalizations for carbon monoxide (CO) poisoning (See Methods Section for Data Sources).

These numbers translate into provincial rates of 14.5 per 100,000 population for emergency department visits

and 0.8 per 100,000 for hospitalizations (Table 1).

Males represented close to 60% of emergency depa r tme n t v i s i t s and c los e to 7 0% of

hospitalizations.

 For emergency department visits and hospitalizations, peaks in the number of CO

poisoning cases were seen in adults 20 to 49 years of age (Figure 1).

Over 90% of emergency department visits were a result of unintentional poisoning (Figure 2), whereas,

for hospitalized cases, approximately 75% were a result of unintentional poisoning and approximately

20% were a result of intentional poisoning (Figure 3).

For emergency department visits, the peak months in terms of numbers of cases, are November through

March.

 For hospitalized cases, peaks in numbers were seen in the months of May, June, and July.

November and January were also high in the numbers of poisoning.

Rates of CO poisoning varied by region, with the highest overall rates reported in the northern region

of the province (Table 1).

For each region, adults 20 to 49 years of age represented the highest rates of emergency

department visits (Table 2).

Of the 1,782 individuals who visited an emergency department for CO poisoning, close to 90% were

discharged to their place of residence.

 Approximately 5% were admitted as an in-patient directly from ambulatory care.

 For hospi tal ized cases, approximately 10% were transferred to a long term care facility, which includes personal care homes,

auxiliary care, nursing homes, and extended care.

Another 10% were discharged to a home setting with support services (seniors’ lodge, attendant care,

home care). Fewer than 1% of individuals died after arrival in the emergency department and

 Females (N=751)! Males (N=1,031)!

FIGURE 3. Hospitalizations for carbon monoxide

poisoning by intent (Ontario, 2007/08)

Methods

Emergency department data were obtained from the National Ambulatory

Care Reporting System and acute care hospitalization data were obtained

from the Discharge Abstract Database at the Canadian Institute for Health

Information for the 2007/08 fiscal year. ICD-10 coding (X47, X67, Y17))

was used to isolate all emergency department visits and hospitalizations

for CO poisoning. Note that some persons were seen in an emergency

department and then admitted to hospital; however, persons can be

admitted to hospital without visiting an emergency department. Regions

were defined according to place of residence using the Ontario Ministry of

Health Region Codes.

Deaths occurring outside of the hospital setting were not included in this analysis.  Iw.OnInjuryResources.ca

References

1. Safe Kids USA. Seasonal Safety. Carbon Monoxide: Invisible

Winter Hazard

2. Transport Canada. Carbon Monoxide. Office of Boating Safety.

3. Health Canada. Health Canada Reminds Canadians of the Dangers

of CO. 2009. Advisory.

4. Health Canada. Environmental and Workplace Health. Carbon

Monoxide.

Managing the risk1,2,3,4

❖ Have all fuel burning appliances installed, regularly inspected and serviced by qualified professionals.

❖ Ensure all appliances are used only in well-ventilated areas.

❖ Install a CO detector 15 feet from all fuel burning appliances as well as outside every sleeping area. Do not

allow it to be covered by draperies or furniture.

❖ Familiarize yourself with the instruction manual and ensure you can hear and recognize the sound of the alarm.

❖ Replace your detector every five years or earlier, depending on the model (❨manufacturers instruction)❩.

❖ Ensure that the detector bears the certification mark of an organization that is accredited by the Canadian Standards

Association (❨CSA)❩.

❖ Check the batteries each month (❨in addition to the smoke alarm batteries)❩ and test your detector regularly.

❖ Never let vehicles idle in your garage. Move the car out of the garage before warming it up.

❖ Keep the door between the garage and the house closed.

❖ Never run gas powered lawn mowers, trimmers, or snow blowers in the garage.

❖ Never use barbecues indoors.

❖ When boating, never idle the engine, cook, or heat unless well ventilated and use a CO detector designed for a

vessel. Check batteries prior to each excursion.

❖ If CO detector alarms: • Have everyone leave the building immediately.

• Do not try to locate the source of the CO.

• Call for aid – EMS, fire department - 911.

• Only return home when CO source is identified by a professional and the issue is dealt with.

• If you can’t leave the building, open all windows & doors.

• Shut off any fossil fuel burning appliances.

• Watch for symptoms of poisoning.

❖ For Further Information:

Health Canada

www.hc.sc.gc.ca

Transport Canada

www.tc.gc.ca

Safe Kids USA

www.usa.safekids.org

South West Central South Central West Central East Toronto East North Ontario 

a. Age-specific rate per 100,000 population. Note: Region of residence unknown/outside of Ontario for 24 emergency department

visits and <5 hospitalizations.

TABLE 2. Regional comparison of ER visits for carbon monoxide poisoning in the adult population by age group

(Ontario, 2007/08) approximately 5% died after hospital admission.

The 102 hospitalized cases accounted for more than 415 days in acute care hospitals with an average length of stay of 4.10 days.

Discussion

Carbon monoxide is a colourless, odourless gas, which is formed whenever fuel is burned (e.g.,

propane, natural gas, gasoline, coal, wood, and oil). 

It reduces the amount of oxygen in the blood. 

  Low levels over long periods of time are dangerous as are high levels, which can cause di z z iness,

unconsciousness, and can even be fatal.

During the cold winter season in Canada, many households use space heaters, gas furnaces, and

other heating appliances, which can cause dangerous levels of CO to be released, if not installed

or maintained properly.

CO can also be produced by fireplaces, gas stoves, water heaters, blocked chimneys, barbecues, grills, and tobacco smoke.

(Health Canada) Not only do people require hospitalization or visits to the emergency department

as a result of CO each year, as illustrated in this Compass, but many die as a result of CO poisoning.

Many people are aware of the importance of smoke detectors in the home, but a smaller proportion of

people are as vigilant when it comes to purchasing CO detectors (at a cost of approximately $30) for use

in the home, which are especially valuable during the cold winter months.

 CO detectors can detect levels of CO before life threatening levels are reached.

According to Safe Kids Worldwide, half of all CO poisoning deaths could be prevented by CO detectors.

1 At low levels, symptoms include headaches, tiredness, shortness of breath, and impaired motor

functions, similar to flu symptoms.

At high levels (or exposure to low levels for a long period of time), symptoms include dizziness, chest

pain, tiredness, poor vision, and difficulty thinking.

At very high levels, individuals can experience convulsions, coma, and potentially death.

The following managing the risk section illustrates ways to protect yourself which can be used by public

health to educate the public.



References

1. Safe Kids USA. Seasonal Safety. Carbon Monoxide: Invisible

Winter Hazard

2. Transport Canada. Carbon Monoxide. Office of Boating Safety.

3. Health Canada. Health Canada Reminds Canadians of the Dangers

of CO. 2009. Advisory.

4. Health Canada. Environmental and Workplace Health. Carbon

Monoxide.
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