blank space Fire Marshal's Communiqué Fire Marshal's Communiqué

June 14, 2006

Document Number 2006-17

AMENDMENTS TO THE FIRE CODE
FOR HOTELS AND MOTELS COME INTO FORCE
ON JANUARY 1, 2007

(External Distribution)
On May 3, 2006, a regulation made under the Fire Protection and Prevention Act, 1997 (FPPA), was filed amending the Fire Code to consolidate comprehensive fire safety requirements for hotels and motels in the province. The new regulation, Ontario Regulation 144/06, comes into force on January 1, 2007 to allow time for communication and training for all affected stakeholders. The regulation adds a new section to Part 9 Retrofit of the Fire Code, (Section 9.9 Hotels), which has a five-year phased implementation period to enable operators of existing establishments to meet these mandatory minimum requirements.

The industry and fire service worked closely with the Office of the Fire Marshal (OFM) for several years to bring these changes forward and improve fire safety for hotels and motels. These efforts will continue through the implementation period to ensure a smooth transition to the new regulation.

Some of the key components of the new regulation, effective January 1, 2007, are as follows:

Parts 1 to 6 of the Fire Code

  1. Article 1.1.6.2. is revoked thereby eliminating references to the Hotel Fire Safety Act (HFSA) and related Regulation 640. The net effect of this change is that all Fire Code requirements will now apply to hotels and motels.
  2. A number of new definitions are being adopted to enable implementation of requirements specific to hotels and motels. Of particular note are definitions for hotel, hotel establishment and guest suite.
  3. A number of changes encompass provisions transferred from the old Regulation 640 made under the HFSA. For example, the Fire Code will permit furniture in corridors serving guest suites and existing commercial cooking equipment provided certain criteria are met. The Fire Code will also specify requirements for emergency procedures, fire drills and training of supervisory staff.
  4. There are also a number of minor consequential amendments throughout the Fire Code resulting from the main regulatory changes. These amendments serve only to clarify the application of the Fire Code.
Retrofit, Part 9 of the Fire Code

  1. The new Retrofit requirements, Section 9.9 Hotels, do not apply to establishments constructed in compliance with the Buildings Code on or after July 1, 1993, as those requirements meet or exceed the Part 9 Retrofit provisions of the Fire Code.
  2. Section 9.9 does not apply to certain tourist establishments, such as ‘apartment hotels’, ‘bed and breakfast’ operations and one-storey hotels with a building area not exceeding 300 m2 that are already regulated by existing residential sections of Part 9 Retrofit, as these establishments were not previously captured by the application in Article 1.1.6.2.
  3. The compliance period for Section 9.9 is identified in Article 9.1.3.1. In general, items that represent status quo from the old Regulation 640 made under the HFSA come into force on January 1, 2007. Compliance with all new items that have an impact on the industry is phased over a five-year period from January 1, 2007. The greatest impact of Section 9.9 will be on existing establishments constructed prior to 1971 as grandfathering of certain building features previously afforded by Regulation 640 under the HFSA has been eliminated.
  4. The first requirement is for the owner/operator to conduct a building fire safety audit to assess the level of compliance with Section 9.9. The audit must be completed by January 1, 2008 and, similarly to other records, must be retained by the owner.
  5. The second significant requirement to be phased in is the installation of smoke alarms in guest suites. This must be completed by July 1, 2008. This requirement applies to all hotels as defined by the Fire Code whether or not they are otherwise regulated by Section 9.9.
  6. Compliance dates for all other requirements follow on January 1, 2010 and January 1, 2012, as provided in Article 9.1.3.1.

A joint industry, fire service and OFM transition committee has been established and will continue to provide input on training and communications, as well as advice respecting any other issues identified during the implementation period.

Arrangements are being made for information sessions on the new regulation. This additional information will be communicated as soon as details are finalized.

The new regulation, as filed, can be found on the Government of Ontario E‑laws Web site at www.e‑laws.gov.on.ca/DBLaws/Source/Regs/English/2006/R06144_e.htm. The consolidated version of the Fire Code, incorporating changes from the new regulation, is available at www.e‑laws.gov.on.ca/DBLaws/Regs/English/970388_e.htm.

Please direct any enquiries on this subject to the Fire Safety Standards Section of the Office of the Fire Marshal at (416) 325‑3100.

 

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