June 14, 2006
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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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