OFM - Directive 02-001

FIRE MARSHAL'S DIRECTIVE: 02-001

TOPIC: DISPOSAL OF MATERIAL OR THING REMOVED UNDER AUTHORITY OF CLAUSE 15(1)(C) OF THE FIRE PROTECTION AND PREVENTION ACT, 1997, AS AMENDED

This directive is issued under the provisions of the Fire Protection and Prevention Act, 1997, (FPPA) S.O. 1997, c.4, clause 9(1)(b). It is the responsibility of every assistant to the Fire Marshal to follow the Fire Marshal's directive as set out in subsection 11(1) of the FPPA.

Background

Subsection 15(1)(c) of the FPPA, as amended, authorizes the Fire Marshal, an assistant to the Fire Marshal or a fire chief to remove combustible or explosive material or anything that may constitute a fire menace under circumstances involving an immediate threat to life.  Clause (c.1) of Subsection 15(1) of the FPPA authorizes the fire official to dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal.
The following directive outlines the process for the disposal of materials or things where the material or thing once removed:

  1. Constitutes an immediate fire, explosion or similar hazard
  2. Is of little or no market value
  3. Has market value

Directive A:
Material or thing removed constitutes immediate fire, explosion or similar hazard

Materials or things once removed, that in the opinion of the fire official constitute an immediate fire, explosion or similar hazard, may be disposed of, provided:

  • where the owner of the material or thing is readily available and appears responsible, the owner is to be consulted to determine if he/she will reduce the risk to an acceptable level, in a timely, safe manner, using appropriate techniques or practices; or
  • where in the opinion of the fire official, the owner is unavailable, unwilling or unable to appropriately reduce the risk to an acceptable level, the fire official may dispose of the material or thing in an appropriate manner that will reduce the risk to an acceptable level.

Directive B:
Material or thing removed of little or no market value

Materials or things once removed of little or no market value and do not pose an immediate fire, explosion or similar hazard may be disposed of, provided:

  • where the owner of the material or thing is in Ontario and his or her whereabouts are known, the fire official shall provide at least 5 days written notice of his/her intent to dispose of the materials on a specified date and to recover the costs of such disposal in accordance with the provisions of Part VIII of the FPPA; and
  • where the owner is unavailable, unwilling or unable to remove or dispose of the material or thing prior to the date specified in the written notice, the fire official may dispose of the materials.

Directive C:
Material or thing removed has market value

Materials or things once removed have market value and do not pose an immediate fire, explosion or similar hazard may be disposed of, provided:

  • where the owner of the material or thing is in Ontario and his or her whereabouts are known, the fire official shall provide at least 15 days written notice of his/her intent to dispose of the materials removed, by selling the material or thing at current market value on or after a specified date, and to recover the costs of handling and processing the material or thing in accordance with the provisions of Part VIII of the FPPA; and
  • where the owner is unavailable, unable or unwilling to remove or dispose of the material or thing prior to the date specified in the written notice, the fire official may dispose of the materials.

Rationale:

This directive outlines processes for the disposal of materials or things removed by an assistant to the Fire Marshal under the authority of Section 15 of the FPPA. The process addresses the rights of the owner as well as the administrative burden on municipal officials.
Fire Marshal
December 2, 2002