
5.1 Occupant Load Concerns
5.2 Determining Maximum Allowable Occupant Load
5.3 Sources of Ignition
5.4 Fencing and/or Barriers
5.5 Draperies, Awnings and Enclosures
5.6 Means of Egress
5.7 Fire Protection Equipment
5.8 Off Season Use of Outdoor Patios
5.9 Fire Safety Planning
7.1 Ontario Fire Code
7.2 Inspection Order
7.3 Other Agencies and Legislation
September 2007
OFM Section: Applied Research at (416) 325-3100
The reproduction of this guideline for
non-commercial purposes is permitted and encouraged. Permission to
reproduce the guideline for commercial purposes must be obtained
from the Office of the Fire Marshal, Ontario.
This guideline was developed to assist fire officials in
assessing fire safety issues associated with outdoor patios at
restaurants, pubs, bars and other similar assembly occupancies. The
guideline provides suggestions for enhanced communication and
coordination with other agencies and discusses fire safety
enforcement strategies. This guideline is intended for guidance only
and is not to be considered a statement of law in this area.
At the first sign of warm weather in the spring, people begin to
congregate at outdoor patios associated with restaurants or pubs.
After being cooped up through the winter months, we like to leave
the confines of a building and sit outdoors at a patio to take in
the sun and fresh air, and share a meal, drink or conversation with
others.
This can pose some challenges for property owners and the fire
service when it comes time to consider the fire safety of these
spaces, particularly in light of their seasonal nature. Numerous
factors can impact on fire safety in these outdoor patios, as well
as on the fire safety of the adjacent indoor spaces.
Often the fire service only becomes aware of these premises when
asked by a building owner or manager to determine the allowable
occupant load. This is one facet that an owner must address when
applying to the Alcohol and Gaming Commission of Ontario (AGCO) for
a licence to serve liquor at an outdoor patio.
Although the fire service is not mandated to determine occupant
load, they can have an important role to play to ensure fire safety
in these spaces where the public congregates. This guideline
addresses many of the fire safety concerns associated with outdoor
patios.
Unless otherwise noted in this guideline, references to the Fire
Code relate to Division B of the Ontario Fire Code.
The words and phrases used in this guideline and in Division A of the Fire Code have the following meanings:
Outdoor patios may pose a significant fire risk to the public. Building owners and operators have an obligation to ensure the adequacy of fire safety precautions and compliance with the Fire Protection and Prevention Act and the Fire Code at their premises, and to ensure that appropriate measures are implemented to mitigate any fire safety risk. Factors for consideration and issues to be addressed may include the following:
Fire departments may want to identify facilities within their
jurisdictions that incorporate outdoor patios, and conduct
inspections to ensure the adequacy of fire safety precautions.
Fire departments may also want to use public education tools and
community media contacts to alert operators and the public to
potential fire hazards associated with outdoor patios. The public
should be provided with local contact information and encouraged to
report any fire safety concerns to the municipal fire department.
Outdoor patios associated with assembly occupancies take many
forms. Some configurations are of lower risk from a fire safety
perspective, while others may present a wide range of fire safety
concerns for patrons both inside and outside a building.
Three basic configurations are provided to illustrate various fire
safety challenges. The primary distinction between these
configurations relates to egress arrangements.
In this configuration, the patio occupants are able to move quickly
away from the patio in the event of an emergency, provided the patio
is located at or close to grade. Their ability to safely exit the
patio may be affected by outdoor furniture arrangements, steps,
local grade variations, patio enclosures, etc. The patio has no
impact on safe egress of the building’s occupants. A building permit
may be required because of the fence or patio construction, the
potential exposure of the patio occupancy on the building, or the
egress arrangements from the patio.
Determination of an occupant load for this space may not be
warranted, and some fire departments may choose to not be involved
in this situation.
A fire department may choose to comment on fire safety issues such
as portable heaters, barbeques etc., particularly in the vicinity of
the exit path. There may also be exposure issues in cases where the
exterior wall has multiple openings (e.g. windows). More details are
included in Section 5.0 Fire Safety Issues.
In this configuration, one of the required egress routes from the
building is through the patio, which introduces the possibility of
prolonged evacuation times. As a result, determination of occupant
load for the patio may be appropriate to prevent this from
occurring. The ability of building and patio occupants to safely
exit the patio area may be affected by outdoor furniture
arrangements, steps, local grade variations, visibility of the exit
path, etc.
Other potential fire safety issues should be considered for the safe
egress of patrons, such as portable heaters, barbeques, etc.,
particularly in the vicinity of the egress route.
Clearly this scenario may pose some additional fire safety concerns.
More details are included in Section 5.0, Fire Safety Issues.
Note: This scenario could also apply to a rooftop patio, which is
accessed through the building.
In this configuration, the required egress route from the patio area
is through the building, which introduces the possibility of
extended evacuation times unless the building exits have been sized
to accommodate both inside and outside occupancies. As a result, the
occupant load for the patio may need to be restricted, the interior
occupant load may need to be restricted and/or the interior exits
may need to be increased. The ability of building and patio
occupants to safely exit through the building may be affected by
interior and exterior furniture arrangements, steps, etc.
Other potential fire safety issues should be considered for the safe
egress of patrons, such as portable heaters, barbeques etc.,
particularly in the vicinity of the egress route.
Clearly this scenario may pose some additional fire safety concerns.
More details are included in Section 5.0, Fire Safety Issues.
The Fire Code specifies criteria for determining occupant load in
a building that contains an assembly occupancy. It does not specify
such criteria for outdoor spaces of assembly. However, as
illustrated in the scenarios, there are instances where the
occupants on the outdoor patio may affect the safety of the indoor
occupants. As well, the designated indoor egress routes provided for
them might also affect the safety of the outdoor occupants.
Where patio occupants enter the building, either for reasons of
convenience or comfort (i.e. to use restrooms or access interior
services) or for the purposes of exiting the premises, consideration
needs to be given to the maximum allowable interior occupant load.
For instance, the influx of patio occupants in the event of
inclement weather needs to be considered. The Fire Code does not
permit an operator of an establishment to increase the occupant load
beyond the capacity of the exits.
The owner must anticipate this
situation, and ensure that the allowable occupant load is not
exceeded. The owner might choose to limit the combined indoor and
outdoor occupant load, based on the indoor exit capacity, and allow
the people to migrate between the interior and exterior. Another
approach is to advise the occupants located on the outdoor patio
could be advised that in the event of inclement weather they would
be asked to leave, as they could not be safely accommodated inside.
The owner’s means of ensuring that the premises will not exceed the
maximum allowable load should be documented. This information could
be maintained as part of the building Fire Safety Plan. As well, the
maximum allowable occupant load for the interior space should be
posted in a conspicuous location. There may also be merit in posting
a separate occupant load sign for the patio adjacent to the patio
access.
Although the Fire Code does not identify a method
for calculating occupant load for outdoor space, the same criteria
that are used for interior occupant load calculations could be used.
Occupant load is calculated on the basis of use of the space and
available exit widths. When determining the occupant load based on
use, general use or design use calculations may be involved. The
maximum allowable occupant load is the lesser of the calculations
based on use and available exit widths.
Calculation of occupant load on the basis of
use generally involves dividing the floor area, or part of
the floor area, measured in square metres, by the applicable “area
per person” factors identified in Table 2.7.1.A of the Fire Code.
(Applicable Fire Code wording is stated in Appendix A.)
Depending on the situation, the floor area may be the area of the
room, group of rooms, suite, portion of the floor or the total floor
area. The factors listed in Table 2.7.1.A of the Fire Code give due
consideration to the typical furnishings and fixtures associated
with a specific use. The floor area generally considers the space
that is occupied, and does not include the ancillary spaces designed
and provided to support the useable space, such as closets, cloak
rooms, washrooms, corridors, exits etc.
As an alternate to using the “area per person” factors previously
described, an occupant load may also be determined on the basis of a
specific layout or designed use of the space.
For instance, a restaurant patio space may have a fixed seating
arrangement that would accommodate an occupant load that differs
from that determined by using the general use factor.
A professional engineer or architect usually conducts this type of
calculation, but “design” is not a defined term in the Fire Code.
Calculation of the occupant load on the basis of
available exit widths involves
dividing the aggregate width of access to exit or exit door openings
(measured in millimetres) by the applicable “width per person”
factors that are stated for access to exits and exits in Articles
3.3.1.16. and 3.4.3.2. of Division B of the Ontario Building Code.
(Applicable Building Code requirements are stated in Appendix B.)
Where a room or floor area has more than one egress or exit door,
the door widths are added together, or
aggregated, prior to dividing by the “width per person”
factor.
Where the “width per person” factor refers to a slope with a
gradient of 1 in 8, this means that the horizontal distance is 8
times the vertical dimension. In other words, the gradient rises 1
vertical unit for every 8 units of horizontal distance.
The maximum allowable occupant load of a floor space
or room is the lesser of the calculations
based on use of the space and
available exit widths from that
space.
To ensure that emergency egress is not impeded, the Fire Code also
places an overall “cap” on the occupant load. In the case of dining,
alcoholic beverage and cafeteria space, at no time can the occupant
load exceed the number calculated on the basis of 0.60 m2 of floor
space per person, and 0.40 m2 of floor space per person for all
other uses.
These caps are intended to prevent situations where the occupants
are unable to get to the means of egress because the placement of
furnishings/occupants, even though the means of egress themselves
are adequate.
In addition, there may be other requirements imposed by other
agencies such as the Alcohol Gaming Commission of Ontario (AGCO)
that will affect the allowable occupant load. These requirements
should never permit an occupant load that exceeds that allowed by
the Fire Code or Building Code (see Section 7.3, Other Agencies and
Legislation).
A wide variety of ignition sources may exist on outdoor patios,
including candles or similar open flames, temporary wiring and
cooking and heating appliances. Careful placement and use of these
products, particularly barbeques and patio heaters, are required to
ensure the safety to occupants both inside and outside the building.
Aspects to consider include the following:
Enclosures can take many forms for outdoor patios. Patio
demarcation may be limited to floor markings only, or may be
comprised of some kind of physical barrier that may restrict
visibility, such as privacy fencing. This may include a swinging
gate with latching hardware in the enclosure. Assessment of each
situation may be required to ensure that building occupants are able
to move out of the building, through the patio, along with the patio
occupants, through openings that open in the direction of exit
travel with appropriate release hardware, to a safe location during
a fire emergency.
Other agencies may have additional requirements that need to be
considered. For instance, AGCO requires outdoor patios to have a
fence or other vertical barrier to delineate the perimeter of the
patio where alcohol is being served. The required height of a fence
facing the street is 1.06 metres (3.5 feet). Side screens may be up
to 2.0 metres (6.5 feet) above the grade or platform level, and
should not be entirely opaque. There may also be requirements that
address needs of visually impaired persons, to meet barrier free
design, or to meet planning and zoning requirements (See Section
7.3, Other Agencies and Legislation).
The use of canopies, awnings, curtains, or rain screens may
present a fire hazard, depending upon the extent of the enclosure
and the materials used. Enclosures can impede the dissipation of
combustion products, which can be very hot, and increases the risk
of carbon monoxide poisoning. Further, they can obstruct the
movement of people away from the patio in the event of an emergency.
They may also present an exposure hazard to the building when there
are openings in the adjacent building wall. The Building Code would
typically not require provision of sprinklers.
Outdoor patio enclosures can also “evolve” over time. Table
umbrellas may be replaced with awnings or full overhead protection,
to which side panels may be added to block wind or rain. At some
point the outdoor space takes on the appearance of an indoor space,
requiring similar fire safety considerations.
In addition, these add-ons may be subject to requirements of other
agencies such as building, property standards and by-law enforcement
departments, and provisions of the Smoke Free
Ontario Act, and the associated regulation may apply (see
Section 7.3, Other Agencies and Legislation).
To ensure the safe egress of people from an outdoor patio, a clear path must be maintained. This is particularly critical where required exit doors from a building open into/through the outdoor patio space. The outdoor patio arrangements must allow indoor patrons to evacuate through the patio space to a safe place way from the building, without restrictions or delay (e.g. such as a gate that does not swing in the direction of exit travel or should have release hardware).
Generally, an outdoor patio does not have the same need for fire protection features required inside buildings. The need to provide fire and life safety devices, such as emergency lighting, fire extinguishers, and fire alarm devices such as bells and manual pull stations requires case by case assessment. As well, an occupant load increase may have impact on the safety features of the adjacent building, as related to exiting provisions, fire alarm systems, fire alarm signals to the fire department, etc., that requires case by case assessment.
The storage of stacked patio furniture, umbrellas, planters, etc. during the off-season may pose an exposure hazard to the adjacent building or occupants. Assessment should consider the type, amount and area of storage, and the exterior wall construction. Generally, outdoor furnishings may be safely located against an exterior masonry wall that has no windows or overhang. The Building Code would typically not require provision of sprinklers.
The building fire safety plan is an appropriate document in which to
record fire safety details associated with outdoor patios. As with
assembly occupancies in buildings, records should be retained for
acceptable table and chair/furnishing arrangements, egress markings,
clearances to appliances and combustibles etc. Where an allowable
occupant load for the patio has been determined, it may be
worthwhile to document any associated terms and conditions. For
instance, the methods by which the owner will control
interior/exterior movement of people during inclement weather to
ensure that the occupant load is not exceeded should be described.
Related to this, clarification of staff training to deal with
outdoor patio evacuation in the event of an emergency is warranted.
There may be any number of conditions set by other agencies. The
interests of the municipal building, property standards, and/or
zoning departments may be involved, beyond the scope of fire safety,
for such aspects as the size of a patio, setbacks from street,
proximity to residential areas, permanence of fencing, fencing
materials, allowable signage, accessibility and lighting, number of
washrooms, control of noise issues, etc.
Consequently, it is important to liaise with other officials within
the municipality to ensure that there is consistency in dealing with
areas of mutual interest.
A co-ordinated approach to deal with outdoor patios has numerous
benefits, including:
While Part 2 of the Fire Code does not specifically address outdoor
occupancies, it can be used to address many hazardous activities in
and around buildings. For example, the circumstances may create a
hazard that was not allowed for in the original design of the
building (Article 2.1.2.2.), or the accumulation of combustible
materials may create a fire hazard to the building or its occupants
[Sentence 2.4.1.1.(4)].
Division A, Section 1.2 Compliance describes how to achieve
compliance with Division B of the Fire Code. Two primary compliance
options are now offered in the 2007 Code:
As previously noted, outdoor patios are not specifically
addressed in the Fire Code. There are many factors that impact on
the fire safety of these outdoor spaces and each situation should be
assessed on the specific circumstances.
It is appropriate to consider the principles contained in the Fire
Code as part of this assessment, even though the specific
requirements may not directly apply. For instance, the Fire Code
includes requirements for buildings that can provide guidance for
fire safety concerns such as textile flammability, accumulation of
combustible materials, control of ignition sources, electrical
hazards, safe use of appliances and provision of fire protection.
Similarly, occupant load calculations for an outdoor space could
consider the same criteria that are used for occupant load
calculations in buildings.
Sections 19 and 21 of the Fire Protection and
Prevention Act, 1997 (FPPA) provide authority for an
assistant to the Fire Marshal or fire chief to inspect land and
premises and take measures to ensure fire safety. This may include
issuing an Inspection Order.
Where a specific situation poses a risk to the public and is not
directly addressed by the provisions contained in the Fire Code,
sections 15 and 21 of the FPPA, 1997 may
be used to effect remedial work.
While this guideline specifically addresses Fire Code
requirements, it is important to note that other regulatory
bodies/agencies may also have requirements applicable to outdoor
patios.
The Alcohol and Gaming Commission of Ontario (AGCO) has mandated
requirements under the Liquor Licence
Act and its regulations that related to various facets of licensing,
including the preparations of floor plans and determination of
occupant load for indoor and outdoor areas of establishments.
The Building Code Act and the Building
Code apply to buildings where construction or a change of use
occurs. A building permit may be required for the construction of an
outdoor patio that is connected to or otherwise has an impact on the
health and safety features of an existing building. An occupant load
increase may result in the need for additional safety features
related to exiting provisions, fie alarms systems, fire alarm
signals to the fire department, etc.
The Smoke Free Ontario Act, S. O. 1994 c.10,
and associated regulation O.Reg. 48/06 may also have an
impact on outdoor patios, depending upon the extent of enclosure.
In some municipalities a coordinated licensing process to deal with
outdoor patio space exists, which allows zoning, property standards,
building, fire and/or health officials to have an opportunity for
input.
The Office of the Fire Marshal website can be found at
www.ofm.gov.on.ca. It
contains a variety of useful technical guidelines for fire safety
planning and other safety related materials.
For Smoke-Free Ontario information, please link with
http://www.mhp.gov.on.ca/english/health/smoke_free/legislation.asp
For information about the Alcohol and Gaming Commission, please link
with www.agco.on.ca. From the
home page, go to the “Alcohol” heading to find information about
liquor licences, and associated application forms and floor plan
guide.
The Ministry of Municipal Affairs and Housing Ontario Buildings
Branch website can be accessed at
http://www.ontario.ca/buildingcode for related materials,
including Building Code Commission rulings related to patios.
2.7.1.4. (1) The number of persons occupying a room or floor
space in an assembly occupancy shall not
exceed the occupant load for the intended
use as determined in Sentence (2).
(2) The occupant load for any room or
floor space shall be the lower of
(a) the occupant load
as calculated in accordance with Sentences (3) to (7), or
(b) the occupant load for which
means of egress are provided as determined
by the Building Code.
(3) The occupant load of a floor area or part of a floor area in an assembly occupancy shall be based on
(a) the number of fixed seats, or
(b) the number of persons
(4) For the purposes of this Article, mezzanines, tiers and balconies shall be regarded as part of the floor area.
(5) Where fixed bench-type seats without arms are provided, the occupant load shall be based on a seat width of 450 mm per person.
(6) The occupant load of a room in which a dance floor is situated shall be based on that portion of the room that is not occupied by the dance floor except where the occupant load is determined using Subclause (3)(b)(i).
(7) At no time shall the maximum occupant load determined in Sentences (2) to (6) exceed the occupant load calculated on the basis of
(a) 0.60 m2 of floor space per person in
dining, alcoholic beverage and cafeteria space, and
(b) 0.40 m2 of floor space per person for all other uses.
| Type of Use of Building or Floor Area or Part Thereof | Area per Person in m2 |
|---|---|
| Space with fixed seats | See Clause (3) (a) |
| Space with nonfixed seats | 0.75 |
| Stages for theatrical performances | 0.75 |
| Space with nonfixed seats and tables | 0.95 |
| Standing space | 0.40 |
| Stadia and grandstands | 0.60 |
| Bowling alleys, pool and billiard rooms | 9.30 |
| Classrooms | 1.85 |
| School shops and vocational rooms | 9.30 |
| Reading or writing rooms or lounges | 1.85 |
| Dining, alcoholic beverage and cafeteria space | 1.10 |
| Laboratories in schools | 4.60 |
| Exhibition halls other than those classified in mercantile occupancy | 2.80 |
2.7.1.5. (1) When the occupant load as determined in Article 2.7.1.4. is more than 60 persons, the occupant load shall be posted in a conspicuous location.
(2) When the occupant load has been
determined using Subclause 2.7.1.4.(3)(b)(i), a permanent sign
indicating the occupant load shall be
posted in a conspicuous location.
(1) The capacity of an
access to exit shall be based on the
occupant load of the portion of the
floor area served.
(2) In an access to
exit the required width of ramps with a slope not more than 1
in 8, doorways, and corridors shall be based on not less than 6.1 mm
per person.
(3) In an access to
exit the required width of a ramp with a slope more than 1 in
8 shall be based on not less than 9.2 mm per person.
(4) In an access to
exit from a floor area used or
intended to be used for patients or residents in a Group B, Division
2 or Division 3 occupancy, the required
width of corridors, doorways, and ramps shall be based on not less
than 18.4 mm per person.
(5) The capacity of stairs in an
access to exit shall conform to the
requirements for stairs in Article 3.4.3.2.(1) to (3).
3.4.3.2. Exit Width
(1) Except as permitted by Sentence (3), the minimum aggregate required width of exits serving floor areas intended for assembly occupancies, residential occupancies, business and personal services occupancies, mercantile occupancies, and industrial occupancies shall be determined by multiplying the occupant load of the area served by
(a) 6.1 mm per person for ramps with a slope
not more than 1 in 8, doorways, corridors and passageways,
(b) 8 mm per person for a stair consisting of steps whose rise is
not more than 180 mm and whose run is not less than 280 mm, or
(c) 9.2 mm per person for
(i) ramps with a slope more than 1 in 8, or
(ii) stairs, other than stairs conforming to Clause (b).
(2) The minimum aggregate required width
of exits serving
floor areas intended for care or
detention occupancy shall be determined by multiplying the
occupant load of the area served by 18.4 mm per person.
(3) The minimum required width of means of egress serving a Group A, Division 4 occupancy shall be determined by multiplying the occupant load of the area served by
(a) 1.8 mm per person for
(i) aisles,
(ii) stairs other than exit
stairs, and
(iii) ramps and passageways in vomitories and
exits, and
(b) 2.4 mm per person for exit stairs.