The Yukon government was warned about dangerous oil-fired appliances in the territory years before deadly carbon monoxide gas likely killed a family and their friend last week in Porter Creek.

Despite recommendations from an independent inspector in 2007 and 2008, there are still few regulations on the industry, including no guarantee that the person servicing an oil heating system has any formal certification or training.

The bodies of Bradley Rusk, his wife, Valerie, their two children, 11-year-old Rebekah and 13-year-old Gabriel, as well as family friend Donald McNamee, were found by a friend last Sunday morning.

When firefighters entered the Porter Creek home, carbon monoxide levels were 10 times the amount required to set off a standard detector.

Inspectors with the Yukon fire marshall's office have said they are focusing their investigation around the home's heating, including an oil-fired boiler system.

Whitehorse RCMP have said the heating system had been inspected "recently,” but are not providing specific dates or any information on the inspector's qualifications.

Between July 21 and July 29, 2008, an independent inspector conducted 51 inspections of oil-burning appliances and supply tanks in Whitehorse and Haines Junction.

According to the report prepared for the Yukon Housing Corp., "the inspections were conducted to determine the level of compliance with the B139 Installation Code for Oil-Burning Equipment and to identify safety and efficiency issues and their possible solutions.”

It identified 316 infractions of the code of which 152 were considered to be significant concerns that either posed an imminent hazard (seven cases) or could reasonably be expected to develop into a problem in the future.

The average number of code infractions per site was 6.2, and the average number of significant infractions was 3.0 per site.

The July 2008 inspection results are similar to three previous inspection surveys conducted by the same Ontario-based company in 2007 and April 2008.

The inspection of 152 sites in the three previous surveys found that the average number of code infractions per site was five and the average number of significant infractions was 2.7 per site (14 imminent hazard cases or nine per cent).

In the end, "All four surveys provide significant evidence that a large percentage of oil-burning equipment installations in the Yukon are not properly installed or maintained in accordance with the minimum standards established in the B139 Installation Code for Oil-burning Equipment,” the final report said.

The reports' author said the number and nature of the infractions show "a significant portion of oil heat users are not aware of the legal and practical need for annual maintenance of oil-burning equipment.”

It goes on to recommend a number of changes to Yukon regulations, including the creation of an Oil-Burning Devices Act and enforcement agency.

To date, neither of those have been created.

In response to the reports, an Oil-Fired Appliances Advisory Committee was created in 2008 to address issues related to the safe operation of the appliances.

"They met several times, all the levels of government,” member Don Fulmer told the Star today.

"It was YTG, the city, all the inspection and protective services departments and Yukon housing.”

The owner of Fireweed Home Comfort said the group discussed a number of issues that have been ongoing problems in the Yukon.

"The fact that our industry is not regulated has been a cause for concern for many people, private people and businesses as well,” he said.

"We wanted to see our trade be regulated. We deal with oil, gas, electricity; you want to make sure the people working in this industry are competent.”

The group has not met in a couple of years.

"The government was going back and they were going to start working on looking at changing the act,” he said.

"They were looking at how they could change and put in regulations to be enforced, they were looking at training and things like that. Unfortunately, they haven't come back with anything at this point.”

In a statement to the Star, cabinet spokesperson Elaine Schiman called the tragedy in Porter Creek a matter "of critical importance to the government as it is to all Yukoners.

"The government is reviewing any and all matters that might pertain to this tragedy, including the reports, to assist us in determining how we can move forward,” she said.

"We are awaiting the results of the investigation into the Porter Creek tragedy and will be looking closely at the results to determine what actions may be required on the part of various levels of government.”

In the years following the reports, a few improvements were made, Fulmer said.

In 2009 and 2010, 10 people graduated from an oil-burner technician program at Yukon College, the only program available in the territory.

It is no longer being offered.

"The course was a pilot project we offered through funding from the federal and territorial governments a few years ago,” Shelagh Rowles, the college's Dean of Applied Science and Management, said in a statement.

"We've been working with advanced education (a branch of the Department of Education) in recognition that we need more training for oil burner mechanics.

"Currently, discussions are underway on how we might provide training opportunities in the future.”

Prior to the college's program, technicians had to go as far as Nova Scotia or Newfoundland to get certification.

In July 2010, the law was changed requiring a permit and subsequent inspection to install, modify or replace components of fuel oil-fired heating systems, including furnaces, fuel lines, chimneys and storage tanks.

There continues to be no requirements for technicians inspecting the systems and no way for people to be sure of a person's qualifications.

"People need to ask,” Fulmer said.

NDP MLA Kevin Barr said Thursday the government should go beyond suggesting that people use a certified technician to inspect their heating and make it a requirement.

"I'm not saying that some people don't know what they're doing,” Barr told the Star. "But I think it leaves some gaps if we don't have that requirement.”

Barr points out that the recommendations in the reports were made years ago.

"It's important not only to listen to people when they give us this kind of advice but also to take action in a timely fashion,” he said.

Meanwhile, Premier Darrell Pasloski said Thursday the government will review the current Landlord and Tenant Act (see story, p. 3).

Barr said the current act is outdated and confusing for many people.

"It seems as though we have to wait for a tragedy before these things get talked about,” he said.

A celebration of life will be held at 2:30 p.m. Saturday at Vanier Catholic Secondary School on Duke Road in Riverdale.

Cards will be available at the event for anyone interested in donating to the Whitehorse General Hospital's MRI fund in honour of those who died.

An account has also been set up at the Whitehorse Bank of Montreal for donations to the families.

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