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Opinions & Applications for the Fire Code (1997 edition) (revoked November 21, 2007)

9.8.3.4. TWO MEANS OF ESCAPE

9.8.3.4.

   "(1) The dwelling unit shall be served by at least two means of escape arranged in such a manner that

(a) one means of escape shall be through a door which may lead through another dwelling unit, and
(b) the second means of escape shall be through a window if,

    (i) the window conforms to Sentence (2) or (3), and
    (ii) the detached house, semi-detached house or row house is equipped with interconnected smoke alarms conforming to Article 9.8.4.1.

(2) A window may serve as a second means of escape if

(a) the sill not more than 1 m above or below the adjacent ground level,
(b) the window can be opened from the inside without the use of tools,
(c) the window has an individual, unobstructed open portion having a minimum area of .38 m2 with no dimension less than 460mm,
(d) the sill height does not exceed 900mm above the floor or fixed steps,
(e) where the window has a window-well, a clearance of at least 1 m shall be provided in the window-well in front of the window, and
(f) where the window has a window-well, the window shall open into the dwelling unit and not interfere with escape.

(3) A window may serve as a second means of escape if

(a) the window is of a casement type,
(b) the window is not less than 1060mm high and 560mm wide,
(c) the sill of the window is not more than 900mm above the inside floor, and
(d) the sill of the window is not less than 1m and not more than 5m above the adjacent ground level."

Intent:

   In some instances, it may not be possible or practical to provide a means of escape conforming to Sentences 9.8.3.2. or 9.8.3.3. for a dwelling unit.

This option was intended to be implemented when the occupant(s) of one dwelling unit (i.e., situated in a basement or second storey) has to pass through the dwelling unit occupying the first floor, as their only means of escape. From a fire safety perspective, this arrangement for egress is not satisfactory. If a fire were to occur in the first floor dwelling unit, the occupants abilities to escape from the basement or second storey dwelling unit would be jeopardized.

By implementing this option, the occupants of a dwelling unit situated above or below the first storey dwelling unit, will have a second means of escape should a fire occur in the dwelling unit situated on the main floor.

The occupants of the basement or second floor dwelling unit would be alerted of a fire condition by the interconnected smoke alarms. If the occupants principal means of escape through the other apartment is inaccessible due to fire, they could escape through the escape window if necessary. It is important to note that the dwelling units must be fire separated in accordance with Sentences 9.8.2.2.(1) or (2).

Other Resources:

   Commentary On Changes To The Ontario Fire Code Retrofit Section 9.8 (Ontario Regulation 385/94), See also the Fire Code Opinion on 9.5.3.2.; Retrofit Section 9.8 Video Fire Safety for Apartments in Houses

Application:

  
Q1:   Can this option be applied to permit a dwelling unit to have its principal entrance and means of escape pass through a common laundry room or garage instead of passing through the other apartment?
A1:   This means of escape arrangement could be approved by the Chief Fire Official under the provisions of Article 9.1.2.4., as long as the alternative provides protection for life safety similar to the protection provided by compliance with the requirement.
    Factors to consider prior to approval could include:
    (a) the dwelling units are adequately fire separated in accordance with Sentence 9.8.2.2.(1) or (2);
    (b) the escape window conforms to 9.8.3.4.(2) or (3);
    (c) the interconnected smoke alarms are installed in accordance with Article 9.8.4.1.;
    (d) the laundry room, garage or other occupancy used as the principal means of escape and entrance for the dwelling unit is equipped with a suitable and compatible automatic detection device installed and connected to the interconnected smoke alarms. For example, a smoke alarm would be installed in the laundry room or a heat detector would be installed in the garage.


Q2:   Sentence 9.8.3.4.(2) contains reference to "fixed steps". What is meant by this?
A2:   In order for a person to escape through a window of this nature, it is essential that the sill height be within a reasonable height for access. In some instances, a window situated within 1 m above, or 1m below the adjacent ground level that serves as a second means of escape from a basement dwelling unit will typically have its sill situated more than 900 mm above the floor. In these instances, steps that are permanently fixed in place below the window are required to be installed to satisfy 9.8.3.4.(2)(d). These steps permit access to the window to facilitate escape out through the window.

The steps must be permanently installed. The steps would have to be constructed of substantial materials that would support a person's weight. The steps would have to be of a size that is large enough to permit a person to readily utilize them for the purpose of escaping through the window above them. If the suitability of the steps is questioned, the means of escape arrangement should be performance tested to determine if it is suitable.

The performance test would ensure that the steps offer enough stability to allow the user to step up and balance on the steps while having both hands free to open the window and secure it in place if necessary and to permit escape.


Q3:   An escape window arrangement was provided to serve a basement apartment in 1996. The escape window had fixed steps which were subsequently removed. The fire department conducts an inspection at a later date and notes that the steps have been removed.

How can the owner be responsible for maintaining these steps and how can the fire department enforce it?

A3:   If such a scenario were to occur, it should be viewed as a serious violation, similar to locking or obstructing a required exit or turning off a fire alarm system. If the owner removed the steps then the owner could be prosecuted, without giving any time to comply, for not having a means of escape conforming to Article 9.8.3.1.

In the Fire Code, the definition of owner can include a person who has control over the property. If the tenant removed the steps, it would be more appropriate to charge the tenant since they actually caused the violation and created the hazard. However, Section 94-(1) of the Landlord and Tenant Act stipulates that the landlord is responsible for complying with health and safety standards, including any housing standards required by law. Since this is a statute it takes precedence over a regulation. To remove the possibility that the tenant could use the defence that the landlord should be charged, both the tenant and the landlord should be charged jointly. This can be done by naming both the landlord and the tenant on the same information or by swearing out separate information's and requesting the court that both cases be tried together. (See Sections 23, 24, 25 and 38 of the Provincial Offences Act)


Q4:   Are lift out windows permitted under this Article?
A4:   Lift out windows are not permitted under Sentence (3) since casement windows are required.

Under Sentence 9.8.3.4.(2), a lift out window is allowed where it is openable from the inside without the use of tools and, where a window well is provided, the window opens into the dwelling unit without interfering with escape.


Q5:   Is a casement-type window that swivels from a center pivot and swings inwards permissible?
A5:   This type of window could be approved for use in this application, where the unobstructed portion of the window opening is not less than 1060 mm high and 560 mm wide when the window is fully opened.


Q6:   Are window-well covers permitted?
A6:   The use of a window-well cover may interfere with escape under certain conditions and should not be approved as part of a window arrangement that provides required second means of escape.


Q7:   Are there prefabricated window-wells available that would provide a 1 m clearance in front of the window?
A7:   If there are commercially manufactured window-wells available that satisfy the requirements of Clause 9.8.3.4.(2)(e), then they may be used. Otherwise, a window-well could be constructed on site utilizing currently available construction materials that may be used for retaining wall purposes including wood or concrete products.


Q8:   What happens when window-wells are obstructed by snow or other foreign materials that may periodically or seasonally accumulate in the window-well.
A8:   Clause 9.8.3.4.(2)(f) requires a window that is served by a window-well to open into the dwelling unit. This requirement was imposed strictly for the purpose of reducing problems that may be encountered by snow blowing into the window that may prevent the window from otherwise opening out.


Q9:   Can an escape window, other than a casement window, be acceptable above 5 m?
A9:   No, because the height of the window sill above grade would be greater than the 5 m permitted under Clause 9.8.3.4.(3)(d). The issue here is not the type of window but the height of the window sill above grade.