Compliance and Enforcement
Strategies
Education is a critical component of any smoke alarm
program. Not only must homeowners be educated about smoke alarm types,
placement, installation and maintenance, they also must be informed of the Fire
Code requirements and the consequences for non-compliance. A well-planned,
comprehensive, year-round smoke alarm awareness campaign can reach the vast
majority of residents in the community and result in a high rate of voluntary
compliance and enhanced safety.
That said, there will always be those who do not comply with the regulation. If
there is to be any purpose to the Fire Code requirements, fire departments must
be prepared to enforce them. It is important to recognize that the individual
circumstances of each case must be taken into consideration. Every situation is
different and the fire department is encouraged to exercise discretion and
flexibility in their approach.
Compliance and enforcement strategies will differ from one department to
another, depending upon the needs and circumstances of the community. What works
well in one area may not be as effective in another. Any strategies selected
should be passed by the legal advisors for the municipality before
implementation.
Compliance Strategies
Door-to-Door Smoke Alarm Checks
Many fire departments incorporate some method of door-to-door checks in their
smoke alarm programs. The following are the most common strategies currently
being used by fire departments in Ontario. Fire departments can consider
adopting any or all of these options, modify them to suit their community, or
develop strategies of their own.
Provide a "Loaner" Smoke Alarm
Fire
departments may consider providing "loaner" smoke alarms to
ensure that
the home is protected by a least one smoke alarm
outside all
sleeping areas. Alternatively, fire departments may
want to
provide sufficient "loaner" smoke alarms to bring the home
into full
compliance with the requirements. A sample waiver is
included in
the Resources section of Alarmed for Life! for this
purpose.
The homeowner
must be reminded that the fire department is not
responsible
for providing smoke alarms or batteries and the
"loaner" is an
act of good faith on the understanding that the
homeowner
will promptly acquire and install their own smoke
alarms and
batteries as required to meet regulations.
It must be
clear to homeowners that "loaner" smoke alarms or
batteries are
only a temporary measure until the homeowner has
complied with
the regulation. A follow-up visit by the fire
department
should be scheduled to verify that smoke alarms and
batteries
have been properly installed and are working, and to
pick-up the
"loaner" smoke alarm. This may seem onerous and time
consuming,
however it delivers a strong message that compliance
is the
responsibility of the homeowner.
Sell Smoke Alarms or Batteries
Fire
departments may choose to provide smoke alarms or
batteries at
cost to those homeowners found not to be in
compliance
with the regulations. This would serve to protect the
home and its
occupants, as well as reinforce the owner’s
responsibility to comply with the regulation. By having a cost
associated
with the smoke alarm and batteries, homeowners will
come to
understand that the fire department is not assuming the
responsibility for the homeowner in complying with the law.
Fire
department operating guidelines should address the number
of smoke
alarms or batteries that the fire department will sell to an
individual
homeowner.
In cases
where the homeowner is responsible to provide
additional
smoke alarms to meet the regulations, follow-up will
be required
by the fire department to ensure that they meet their
obligations.
Smoke Alarm Give-away Programs
Although the
Fire Code has required smoke alarms in homes
since 1998,
many fire departments are still giving homeowners the
impression
that they are assuming responsibility for compliance
by providing
alarms free-of-charge. With the 2005 Fire Code
amendment
requiring smoke alarms on every storey, this will not
only become
an expensive practice, but could create a situation
where homes
are left with inadequate protection for a period of
time. If the
fire department announces to the community that it
will be
providing/installing smoke alarms, residents may choose
to wait for
the free alarms instead of immediately complying with
the law.
Depending upon the size of the community, it could take
a
considerable amount of time for the fire department to visit
every home
with the requisite number of alarms. In the interim,
many homes
could be left with insufficient or no alarms.
If fire
departments choose to provide homeowners with sufficient
smoke alarms
to fully comply with the regulations, it must be
made clear
that it is the homeowner’s responsibility to maintain
the alarms
from that point on. Fire departments should take a
zero-tolerance approach when dealing with residential dwelling
units that do
not comply with the Fire Code if documentation
shows that
they were previously in compliance. If these alarms are
found to be
missing or not working at a later date, a stronger
enforcement
tactic, such as ticketing, may be required to get
through to
negligent homeowners.
Fire Department Emergency Response
In many instances, fire crews responding to fire calls in residential dwellings
can check to ensure the home is in compliance with the Fire Code smoke alarm
requirements.
Given that a fire has occurred, lives have been put at risk and therefore a
warning to the homeowner may not be sufficient if the home is not in compliance
with the requirements. Fire departments may choose to take a more direct
approach and issue a ticket under Part I of the Provincial
Offences Act (POA) or lay an information under Part III of the
POA and pursue a fine higher than that allowed for
the ticket.
Enforcement Strategies for Homeowners
If a homeowner fails to install working smoke alarms in accordance with the
regulations, a Certificate of Offence can be completed and an Offence Notice
issued to the homeowner under Part I of the POA*,
for a total payable fine of $235. Fire departments may choose to issue a ticket
whenever a home is found to be non-compliant, or they can use it as a last
resort if other strategies fail to produce the desired results. It is important
to note that issuing a ticket does not relieve the homeowner of their
responsibility to install and maintain working smoke alarms in accordance with
the requirements of the Fire Code.
While the fire department is within its rights to issue tickets upon discovery
of non-compliance with smoke alarm regulations, this could have a negative
impact on their ability to freely gain access to homes within the community.
Fire departments should carefully consider and evaluate this issue before
choosing this method.
This method of dealing with non-compliance must be accompanied by a strong
educational component. Homeowners must be educated on the requirements and their
responsibilities to comply with them. The ultimate goal is not prosecution, but
compliance with the smoke alarm regulations.
Enforcement Strategies for Landlords
Fire departments should consider adopting a zero-tolerance approach when dealing
with landlords who fail to meet their obligations with respect to providing and
maintaining smoke alarms in their rental units.
Under a zero-tolerance approach, landlords who are found to be negligent in
providing and maintaining smoke alarms for their rental dwelling units as
determined through routine inspections or home inspection programs would be
automatically ticketed, or charged by laying an information under the
POA.
Fire departments may opt to proceed directly with charges under Part III of the
POA by laying an information where there are
multiple violations in the same building.
Where it is determined through a fire department response to an actual fire that
the landlord has not met his/her obligations, fire departments may chose to
proceed directly to laying an information under Part III of the
POA.
Fire departments may opt to defer charges for landlords who can demonstrate
through good record keeping practices that they have been diligent in meeting
their obligations as outlined in the OFM technical guideline
OFM–TG–04–1998, Maintenance of Smoke Alarms.
Enforcement Strategies for Tenants
Tenants in multi-unit rental accommodation who disable smoke alarms are not only
putting themselves at risk, but also tenants in neighbouring units. Experience
shows that removing batteries or otherwise tampering with smoke alarms is often
a common response to nuisance alarms. If this is the case, it’s important to
educate the occupants about possible solutions to nuisance alarms that do not
involve disabling the smoke alarms. See the section on
Nuisance Alarms in Alarmed for Life! for
further information.
Tenants who admit to removing batteries or otherwise disabling a smoke alarm can
be served with an Offence Notice (ticket) for intentionally disabling the unit.
*Only members of a fire department who are
designated as an Assistant to the Fire Marshal have authority to issue tickets
under Part I of the
Provincial Offences Act.
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