Opinions & Applications for the Fire Code (1997 edition) (revoked November 21, 2007)
1.1.1.1. APPLICATION
1.1.1.1. "Unless otherwise specified, the owner shall be
responsible for carrying out the provisions of this Code."
Intent:
"Owner means any person, firm or corporation having
control over any portion of the building or property under consideration
and includes the persons in the building or property".
The owner has a legal responsibility to ensure that buildings,
associated facilities and/or property comply with the Fire Code at all times.
This responsibility exists regardless of whether or not the premises have been
inspected by the Fire Department.
Other Resources:
Commentary on Changes to the Fire Code O.Reg. 67/87;
Fire Prevention Inspection Manual.
Application:
Q1 Where does the Fire Code specify that someone other than the owner
has the responsibility to comply?
A1 As detailed in Section 2.8, "Emergency Planning", supervisory staff
have certain responsibilities to comply with the Fire Code.
In addition, Article 6.5.2.3. identifies the contractor's responsibility to
minimize the time for which an existing sprinkler system is temporarily shut
down.
Q2 What responsibility do tenants have with respect to compliance with
the Fire Code?
A2 The Fire Code definition of an "owner" extends beyond the "legal"
owner. Accordingly, tenants have a certain responsibility to comply with the
Fire Code. The extent of their responsibility depends upon the individual
circumstances.
For example, it is appropriate that someone renting a building be responsible
for ensuring that housekeeping in the building is adequate, and that any
specific hazards associated with their operation be appropriately handled.
Depending upon the terms of the rental agreement, for commercial properties
the tenants may also be responsible for maintaining fire protection equipment
and systems.
To summarize, the responsibility rests with the party that has control over the particular activity or feature.
