July
16, 1998
98-028
(External Distribution)
Under the amendments to the Ontario Fire Code, which came into effect in October 1997, all residences (including detached, semi-detached and row houses built before 1976) must be equipped with working smoke alarms. By addressing these residences, this regulation closes the last remaining gap in terms of mandatory installation of smoke alarms.
Another amendment requires that all smoke alarms be maintained in operating condition. This means that all residential dwelling units are now required to have working smoke alarms. In rental residential units, this obligation falls on the landlord. The landlord must also provide smoke alarm maintenance information to the occupant of each unit.
A further provision makes it an offence for any person to intentionally disable a smoke alarm so as to make it inoperable. This requirement applies equally to home owners, landlords or tenants. The amendments were filed on November 21, 1997 (see Communiqué 97-029, PROPOSED CHANGES TO THE FIRE CODE).
The Fire Code, Ontario Regulation 388/97 has now been amended by Ontario Regulation 398/98 which was filed on July 6, 1998. The new regulation revokes Article 2.13.1.1. and Sentence 6.3.3.1.(1) of the Fire Code and substitutes each with the word "RESERVED". This amendment was a necessary step in the implementation of the set fines.
On July 25, 1998 smoke alarm installation and maintenance requirements will become enforceable. The Chief Judge of the Ontario Court has set a fine of 200 dollars ($200.00) for failure to comply with mandatory smoke alarm installation and maintenance requirements. Fire Departments can issue tickets for non compliance with the requirements. Fire departments can order their supply of tickets through their local Provincial Government Court Office.
Assistants to the Fire Marshal have been appointed as Provincial Offences Officers under the Provincial Offences Act for the purpose of issuing tickets for non-compliance with installation and maintenance requirements.
A Smoke Alarm Maintenance Guideline (see attached) has been prepared by the Office of the Fire Marshal (OFM) to provide guidance to the general public, building owners and fire departments with respect to smoke alarm maintenance to ensure operability as required under the Ontario Fire Code.
As you may be aware, Bill 108, An Act to Deal with the Prosecution of Certain Provincial Offences, to Reduce Duplication and to Streamline Administration, sets out a process whereby municipalities can enter into an agreement with the Province to retain a portion of fines from proceedings under the POA within their jurisdictions. Fire departments should consult with their municipal solicitor to determine the status of the municipality in regard to agreements under Bill 108.
A Provincial Offences Guideline has been developed to assist the fire service in preparing to commence proceedings under Part 1 of the Provincial Offences Act for ticketable offences (see attached). The guideline includes the 'short form wording' to be used when filling out a ticket.
The purpose of the regulation is intended to emphasize the importance of installing and maintaining these important life saving devices in all homes. The OFM is recommending that the fire service focus on a public education strategy aimed at voluntary compliance, while emphasizing that a fine may be laid for non-compliance as a last resort.
To assist the fire service in promoting compliance with this regulation, the OFM has prepared a public education/information package. This package is attached and the fire service is encouraged to make full use of the material provided. The material provided with this communiqué is also available on the OFM's website at http://www.ofm.gov.on.ca
For further information on the smoke alarm installation/maintenance contact the Fire Safety and Standards section of the OFM at 325-3100.
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