July
29, 1998
98-029
(External Distribution)
When the Fire Protection and Prevention Act, 1997 was proclaimed on October 29, 1997, section 92 was held in reserve pending development of hotel fire safety regulations for consolidation into the Fire Code. This work has been ongoing in cooperation with representatives of the hotel industry and the fire services. Although significant progress has been made, the full consolidation of the hotel fire safety requirements into the Fire Code will require additional time.
In the meantime, the Ministry of Economic Development, Trade and Tourism has initiated amendments that will eliminate the licensing requirements under the Tourism Act for all tourist accommodation establishments, except those that use Crown resources. These changes come into force on July 31, 1998 and have an immediate impact on the definition of "Hotel" establishments under the Hotel Fire & Safety Act. Due to the close link between the Hotel Fire Safety Act and the licensing provisions in the Tourism Act, a decision was made to implement the consolidation of the hotel fire safety requirements into the Fire Code in two phases. This approach is compatible with the amendments to Regulation 1037 under the Tourism Act and satisfies the long term objective for full consolidation of hotel fire safety requirements into the Fire Code.
Section 92 of the Fire Protection and Prevention Act, 1997 has been proclaimed and comes into force on Friday, July 31, 1998. This action repeals the Hotel Fire Safety Act.
At the same time, a regulation has been filed amending Article 1.1.6.2. of the Fire Code. This regulation also comes into force on July 31, 1998. Although hotels continue to be excluded from all other requirements in the Fire Code, they are now covered within the application of Article 1.1.6.2. By reference, this Article requires that hotels comply with certain provisions contained in the Hotel Fire Safety Act and all provisions of Regulation 640 made under that Act as they existed on July 30, 1998. This regulatory amendment effectively ensures status quo for technical fire safety requirements in hotels. Additional details on the application of these regulatory amendments will be provided in a Commentary which is in the process of being developed.
Although the technical requirements for hotels remain unchanged at this time, the repeal of the Hotel Fire Safety Act alters the enforcement process. The enforcement of hotel fire safety requirements is now covered under the authority of the Fire Protection and Prevention Act rather than the Hotel Fire Safety Act. Enforcement will be carried out by Assistants to the Fire Marshal as provided under the Fire Protection and Prevention Act for the Fire Code (i.e. appointment of inspectors under the Hotel Fire Safety Act is no longer applicable).
After July 30, 1998, the Office of the Fire Marshal, will conduct inspections of hotel establishments that have not been transferred to municipal fire departments, though the phased transfer to municipal fire departments through a coordinated approach will continue as quickly as possible. This is consistent with the provincial/municipal relationship as it relates to fire protection services. Municipalities are responsible for fire protection services (which include inspections and enforcement activities), while the province is responsible for providing support to the municipalities.
With the repeal of the Hotel Fire Safety Act, approval of drawings and specifications by the Fire Marshal for construction of a hotel, alterations in a hotel or conversion of a building to a hotel is also no longer required. The Office of the Fire Marshal is discontinuing this activity for construction, conversion and alteration projects initiated after July 30, 1998.
The Office of the Fire Marshal will continue to work toward the full consolidation of comprehensive hotel fire safety requirements into the Fire Code in Phase II. The consolidated package includes both maintenance and retrofit fire safety requirements and involves a compliance schedule. Steps are being taken to carry this package through the regulatory process for adoption into the Fire Code. In the mean time, a Transition Committee has been established to resolve outstanding issues and develop the necessary training and information packages for the transfer from the Hotel Fire Safety Act requirements to the Fire Code.
Please direct any inquiries on this subject to your local OFM regional office or the Fire Safety Standards Section at (416) 325-3100.
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