Coordinated Marijuana Grow House and Illegal Drug Lab Response Protocol (DRAFT)

Transcription

1 Coordinated Marijuana Grow House and Illegal Drug Lab Response Protocol (DRAFT) Municipal Licensing & Standards November 6, 2006

2 This document outlines the City of Toronto s response and remediaition protocol for premises that have been utilized for the unauthorized production and/or cultivation of illicit substances, including marijuana and psilocybin mushroom grow operations, methamphetamine and ecstasy (MDMA) laboratories. The agencies involved in the administration of this protocol are as follows: Municipal Licensing and Standards (ML&S) Building Division (BLD) Toronto Water (WES) Toronto Police Services (TPS) Toronto Fire Services (TFS) Toronto Public Health (TPH) Electrical Safety Authority (ESA) Toronto Hydro-Electric System Limited (THES) Technical Standards and Safety Authority (TSSA) Natural Gas Supplier (if applicable) Ministry of the Environment (MOE) Toronto Real Estate Board (TREB) Note: Staff of the involved agencies will refer any suspicion that premises are being utilized for the production and/or cultivation of illicit substances to the Toronto Police Service. TORONTO POLICE SERVICE The involved agencies will undertake a coordinated public awareness campaign to educate their employees and the general public regarding the potential risks to the community of premises utilized for the production and/or cultivation of illicit substances. This public awareness campaign will include information regarding contact numbers of the involved agencies in order for members of the public to report any suspicious premises. The involved agencies will refer any reports of suspect premises directly to the Toronto Police Service. Coordinated Grow House and Illegal Drug Laboratory Response and Remediation Protocol 1.0 Toronto Police Service / Fire Service Identify Grow House / Illegal Drug Laboratory 1.1 The Toronto Police Service (TPS) Toronto Police Service (TPS) Drug Squad conduct criminal investigation of alleged marijuana grow house/illegal drug laboratory. TPS Drug Squad and Divisional personnel obtain a search warrant and attend the premises. Municipal Licensing & Standards DRAFT November 6,

3 TPS Drug Squad and Divisional personnel gather physical and photographic evidence and dismantle the marijuana grow house/illegal drug laboratory. TPS contacts Toronto Hydro-Electric Service (THES) and request disconnection of the electrical service. TPS to provide THES with the following information: Lead investigating officer s name Officer s badge number Division and Unit TPS contact telephone number re: current investigation 1.2 The Toronto Fire Services (TFS) If TFS respond to a fire caused by an illegal drug laboratory or marijuana grow operation, to notify TPS. Contact THES and request disconnection of electrical service. 2.0 Toronto Hydro-Electric System Limited (THES) TPS notifies THES regarding marijuana grow op/illicit drug lab by TPS lead investigating officer. TPS requests that THES disconnect the electrical service. THES advises TPS to have representative on site at time of disconnection. THES instructs the Integrated Customer Response (ICR) unit to attend premises. ICR attends premises disconnects the electrical service at source. THES receives TPS Drug Squad Marijuana Cultivation Report. 3.0 TPS Drug Squad Marijuana Cultivation Report TPS prepares the Drug Squad Marijuana Cultivation Report identifying and gathering written and photographic evidence regarding any potential risks associated with the premises, such as: Structural damage Mould Foreign substances Electrical system tampering Possible theft of power Chemicals and hazardous materials Booby Traps Persons occupying premises, in particular children TPS forwards the Drug Squad Marijuana Cultivation Report to THES, ESA, TPH and the Director of Investigations, ML&S. Pictures, videos or any additional documentation that may assist in the assessment of premises, may accompany this report. Municipal Licensing & Standards DRAFT November 6,

4 4.0 Municipal Licensing and Standards Division (ML&S) ML&S Director of Investigation Services receives the TPS Drug Squad Marijuana Cultivation Report. Where the Drug Squad Marijuana Cultivation Report indicates the possibility of the presence of combustible or volatile chemicals or liquids ML&S will contact the TFS and they may investigate and follow-up on any violations of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. ML&S forwards the TPS Drug Squad Marijuana Cultivation Report to the pertinent District. ML&S Municipal Standards Officer (MSO) ascertains the identity of the owner of the property. MSO attends the premises to ascertain if the premises are occupied, performs a property standards inspection and secure the building. If the MSO finds deficiencies on the exterior of the building and/or surrounding yard a Property Standards Order, pursuant to 15.2, of the Building Code Act, 1992, S.O. 1992, c.23, is issued to the property owner for the violation(s). MSO placards the premises with a copy of the order and arranges for the order to be placed on title to the property. MSO issues a total of three Property Standards Orders, pursuant to 15.8(1) of the Building Code Act, 1992, S.O. 1992, c.23, requesting various reports, along with a copy of the Toronto Public Health (TPH) Interim Guidance Document for Environmental Assessment for Mould in Marijuana Grow Houses to provide guidance to the environmental engineer/consultant. The requested reports are as follows; A report from a professional engineer regarding the condition of the structure, clearly outlining any potential hazards associated with the premises and a plan for remediation of the property. A report from a professional engineer or the Electrical Safety Authority (ESA) regarding the condition of the electrical system, clearly outlining any potential hazards associated with the premises and a plan for remediation of the property. A report from an environmental engineer/consultant regarding the internal conditions, clearly outlining any potential hazards associated with the premises, its suitability for habitation, and a plan for remediation of the property. NOTE: The environmental engineer/consultant s report will not be required in cases where ML&S are notified by the TPH Environmental Response Team (ERT) that TPH will placard the premises and issue an order to the property owner to have an environmental engineer/consultant provide a report regarding the internal conditions of the premises, its suitability for habitation and a plan for remediation of the property. NOTE: In the case of a property owner who fails to comply with the orders requiring the professional engineer s, environmental engineer or consultant s reports pursuant to 15.8(1) of the Building Code Act, 1992, S.O. 1992, c.23, the property owner will be charged by ML&S with failing to comply with an order under 36(1) of the Building Code Act. Municipal Licensing & Standards DRAFT November 6,

5 The environmental engineer/consultant s report is forwarded to TPH Regional Public Health Inspector (PHI) for evaluation of the remediation plan. The professional engineer s/consultants reports regarding the condition of the structure and the report from a professional engineer or the Electrical Safety Authority, regarding the electrical system, will be reviewed by ML&S and an Order to Comply will be issued, pursuant to 15.2 of the Building Code Act, 1992, S.O. 1992, c. 23, requiring the property owner to implement the remediation plan. The Property Standards Order issued pursuant to 15.2 of the Building Code Act, 1992, S.O. 1992, c. 23, shall immediately be registered on the title of the property. After the implementation of the remediation plan the professional engineers and/or ESA and the environmental engineer/consultant will provide a report to ML&S indicating that the remediation of the property has been satisfactorily completed. 5.0 Building Division (BLD) ML&S forwards the structural engineer s report, requested pursuant to 15.8(1) of the Building Code Act, 1992, S.O. 1992, c.23, to BLD for review. BLD will advise ML&S, of any hazardous conditions related to the structure (structural stability) of the premises and any other Building Code deficiencies that may render the premises unsafe. BLD may, in certain cases, issue an Unsafe Order, which could be followed by the issuance of an Order Prohibiting Occupancy pursuant to 15.9(6) of the Building Code Act, 1992, S.O. 1992, c.23, prohibiting occupancy of the building and requiring remedial action to be taken. BLD informs ML&S in writing regarding the issuance or non-issuance by TPH of an order pursuant to 15.9(6) of the Building Code Act, 1992, S.O. 1992, c.23. Upon completion of the remediation of the premises the professional engineer will provide a report to BLD indicating that the remediation of the property has been satisfactorily completed. 6.0 Toronto Fire Services (TFS) When notified by ML&S that the Drug Squad Marijuana Cultivation Report indicates the possibility of the presence of combustible or volatile chemicals or liquids MLS will contact the TFS and they may investigate and follow-up on any violations of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. TFS will be the designated agency to contact the Technical Standards and Safety Authority (TSSA) regarding possible fuel safety issues. 7.0 Toronto Public Health (TPH) TPH Environmental Response Team (ERT) receives TPS Drug Squad Marijuana Cultivation Report, which may be accompanied by photographs and/or videos. Municipal Licensing & Standards DRAFT November 6,

6 ERT evaluates the written and photographic evidence contained in the TPS Drug Squad Marijuana Cultivation Report for potential health hazards. TPH conducts title search on the premises reported by TPS if an order under the HPPA is to be issued. ERT informs ML&S in writing regarding the issuance or non-issuance by TPH of an order pursuant to 13 of the Health Protection and Promotion Act, R.S.O. 1990, Chapter H. 7(HPPA). 7.1 Order Issued by Toronto Public Health Pursuant to the HPPA Where a health hazard exists or may exists as a result of mould and/or water damage and/or chemical contamination is identified, TPH will placard the premises and serve an order pursuant to 13 of the Health Protection and Promotion Act, R.S.O. 1990, Chapter H. 7., on the owner of the premises, along with a copy of the TPH Interim Guidance Document for Environmental Assessment for Mould in Marijuana Grow Houses, requiring any one or more of the following: Prohibition of occupancy An environmental engineer/consultant s report assessing the risks within the premises An environmental engineer/consultant s remediation work plan (to be approved by TPH) An environmental engineer/consultant s verification report confirming that the repair work is completed in accordance with the approved remediation plan The ERT forwards the file to the Regional Public Health Inspector (PHI) for review and service of the order on the owner of the premises, along with a copy of the TPH Interim Guidance Document for Environmental Assessment for Mould in Marijuana Grow Houses. PHI instructs property owner to ensure that the premises remains unoccupied and the placard prohibiting occupancy remains until TPH removes it. Regional PHI to placard the premises within 24 hours of service of the order. Regional PHI reviews environmental assessment and remediation plan and confirms with environmental engineer/consultant that remediation has been completed. NOTE: Failure to comply with the TPH order issued pursuant to 13 of the Health Protection and Promotion Act, R.S.O. 1990, Chapter H. 7., may result in further legal action against the property owner. 7.2 Order Not Issued by Toronto Public Health Pursuant to the HPPA Where TPH indicates that a health hazard is not identified, TPH will advise ML&S, in writing, that an order will not be issued pursuant to 13 of the Health Protection and Promotion Act, R.S.O. 1990, Chapter H. 7. TPH will request a copy of the environmental engineer s/consultant s report, provided to ML&S, for their review and comment. ERT forwards the file to the Regional PHI for review of the environmental assessment. Regional PHI reports, in writing, to ML&S, the property owner and the environmental engineer/consultant regarding the appropriateness of the remediation plan. Municipal Licensing & Standards DRAFT November 6,

7 Regional PHI receives confirmation that the remediation plan has been implemented. 8.0 Electrical Safety Authority (ESA) Confirm Application for Inspection (permit) filed after remediation of the electrical system. Inspect property for compliance with the Electrical Safety Code. Issue connection authorization to THES. 9.0 Toronto Hydro-Electric System Limited (THES) Upon receipt of the ESA connection authorization, and payment of the regulated costs incurred, THES reconnects electrical service Inspections NOTE: City Staff will jointly conduct an on-site inspection, to the extent that they are able to do so after resolution of any legal or health and safety concerns, which may be dependent upon the receipt, approval and implementation of the remediation plans as set out in the reports provided to the City by the various engineers/consultants, within a reasonable time after notification by the TPS under this protocol. Where BLD and/or TPH have issued orders, pursuant to their enabling legislation, ML&S receives notification, in writing, from BLD and/or TPH indicating that the approved remediation plans have been implemented. Staff of ML&S, TPH and BLD conduct a coordinated on-site of the premises to ascertain that the building is structurally sound, free of mould and/or water damage and/or chemical contamination and is safe for human habitation. For further information contact: Mark Dimuantes Senior Policy and Research Officer Policy and Planning Services Municipal Licensing and Standards Tel: (416) Fax: (416) mdimuant@toronto.ca Municipal Licensing & Standards DRAFT November 6,