August 13, 1999
99-017
(External Distribution)
The Office of the Fire Marshal has received many requests for clarification on how the Fire Code applies to group homes. The term "group home" is commonly used to describe private or government funded residential accommodation in which occupants (adults or children) may or may not receive some form of supervisory care for physical, developmental or emotional disabilities. The term "group home" does not include extended families, or communal living where individual rents are paid.
The Fire Code does not contain a specific definition for group homes. However, it is the view of this office that group homes, in general, may be classified as boarding, lodging and rooming houses regulated by either Section 9.3 or Section 9.5. Group homes in which occupants require supervisory care or treatment because of age, mental or physical limitations are excluded from the scope of Section 9.3 (Sentence 9.3.1.1.(1)). Similarly, group homes regulated by the Ministry of Community and Social Services, other than Homes for Special Care under Sentence 9.3.1.1.(2), are exempt from Section 9.3 (Article 9.3.1.2.). Group homes that fall outside the scope of or are specifically exempt from Section 9.3 generally fall within the scope of Section 9.5 (Clause 9.5.1.1.(1)(c)).
Prior to the introduction of Section 9.5 of the Fire Code in 1992, fire safety in group homes that fell outside the scope of Section 9.3 was addressed through the issuance of a Fire Marshal Order (refer to provisions under section 21 of the Fire Protection and Prevention Act, 1997). These orders were issued on a case by case basis where deemed necessary by individual fire departments. In some cases, it continues to be appropriate to issue an order where it is deemed that fire safety in the group home is not adequately addressed by the Fire Code.
Certain group homes, such as those in which foster care is provided for up to four ambulatory children, may fall outside the scope of Sections 9.3 and 9.5. In these cases, it is sufficient to ensure that required smoke alarms are present and that the owner or operator is adequately prepared to deal with a fire emergency. This should be the exception rather than the rule and, in our opinion, any ambiguity regarding application of Sections 9.3 and 9.5 should be resolved in favour of fire safety.
Fire departments are encouraged to evaluate the fire safety needs of group homes within their jurisdictions on a case by case basis. Certain group homes will fall clearly within the intended scope of Section 9.5 whereas others, as described above, will require individual assessment of their fire safety needs. It should also be noted that Section 9.5 was recently amended to provide another option for egress and containment in small boarding, lodging and rooming houses (Sentence 9.5.3.1.(3)). This option will be particularly applicable to small group homes that endeavour to maintain a family living environment. An owner also has the option of undertaking a Life Safety Study under Article 9.1.4.1. to address situations where prescriptive fire safety requirements and operational needs are incompatible.
It would appear that the egress and exit provisions of Section 9.5 are perceived to present the greatest obstacle to compliance. To assist group home operators in this regard, the attached document contains a number of examples that illustrate various arrangements permissible under the regulation. Fire departments are encouraged to discuss these options with group home operators in their jurisdictions. Copies of the package have also been sent to the Ministry of Community and Social Services for distribution.
For additional inquiries, contact the Fire Safety Standards Section of the Office of the Fire Marshal at (416) 325-3100.
99-017.pdf
Downloadable Version
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