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Fire Safety Commission Decision Summary

DECISION NO. 2000A003-131
Date:June 22, 2000

SUBJECT MATTER


An order was issued on an underground survival shelter. The order required all containers with flammable or combustible or hazardous chemicals be removed, all horizontal and vertical shaftways be sealed off permanently, and all fuel bunkers be permanently sealed off.

GENERAL DESCRIPTION OF PREMISES


The 930 m² structure was constructed in the 1980's using the stripped-down steel frames of 42 school buses welded together. These bus frames were placed in an excavation, the frame encased with concrete and covered with earth. Each bus section constitutes a room or makes up part of a corridor system accessing the rooms.

Some rooms have additional walls of wood panel on wood studs and others have wood panel on the ceiling. Floors throughout the structure are constructed with rubber matting or linoleum over plywood or waferboard. Additional combustible loading includes wood
bunks with combustible hammocks, stored construction materials, wood cabinets, and plastic and foam products.

REASON FOR APPEAL


The shelter owner/operator objected to the method of securing the shelter proposed by the fire department as he felt that it would seal the structure permanently.

The owner/operator did not feel that the Fire Protection and Prevention Act should apply to his facility, as it is an emergency shelter that is still under construction and not occupied.

APPELLANT'S POSITION


The operator of the shelter felt that the proposed methods of sealing up the facility would close off access permanently.

RESPONDENT'S POSITION


The fire department presented evidence that the structure was very unsafe for the public whether it be the owner, vandals or firefighters. Evidence of a recent inspection with photographs demonstrated that closures could be opened sufficiently for a person to gain entry to the structure. It was confirmed that the structure still contains flammable and combustible liquids, at least one propane tank, insecticides and Class A combustibles.

COMMISSION RULING


It is the decision of the Tribunal that Inspection Order be modified as:

1.0 Prior to Structure Securement (Compliance date: August 15, 2000)

1.1 Tanks/containers/vessels used to contain flammable fuels/flammable gases including those containing such substances shall be permanently removed from the structure and from fuel bunkers until such time as an appropriate Building Permit is
obtained.

1.2 Containers, regardless of size, which contain or have contained paints, solvents, noxious and/or hazardous chemicals/substances shall be removed from the structure at least until such time as an appropriate Building Permit is obtained.

1.3 Disposal of the above mentioned vessels/containers shall be in accordance with the applicable codes and standards and monitored by the District Fire Department.

1.4 Proof of compliance with the above requirements shall be provided to the District Fire Department. Compliance with this item may be achieved by a property inspection by the Fire Department.

2.0 Structure Securement

2.1 The following shall be completed after compliance with Item 1.0.

2.2 Access points including but not limited to shaftways, hatches, entrance domes, fuel bunkers and main entrances are to be welded shut. Welds are to be made at linear intervals of not less than 12 inches apart along/around total perimeters/circumferences of access points. Each weld is to be not less than 2 inches in continuous length and shall provide a thorough bonding of the sealing cover to the surrounding fixed firm structure. The sealing cover is to be welded shut using quarter inch metal plate reinforced as necessary to provide a robust barrier against forced entry.

2.3 The property directly above the structure shall be secured from trespassers by providing a fence not less than four feet in height with openings not to exceed 100 millimetres in any direction, around the greatest projected perimeter of the structure. Entry points to the fenced area shall be secured with a gate not less than four feet in height and secured in a closed position by a robust chain and padlock. In addition, the enclosure shall be posted with "no trespassing" signs at not more than 15 metre intervals along the perimeter.

2.4 Structure securement shall be verified by the District Fire Department.

3.0 Structural Adequacy and Securement Maintenance

3.1 Prior to the issuance of a Building Permit as contemplated in Decision 2000A01-129, the structure shall have a site review for structural adequacy and a written report by a Professional Engineer registered in the Province of Ontario holding the designation of Consulting Engineer as prescribed by the Professional Engineers Ontario submitted to the District Fire Department. The Engineer's discipline shall be in the area of structural design. The Engineer's report shall be submitted to the Fire Department as a minimum on an annual basis with the anniversary to be September 1. The first report shall be due September 1, 2000. The report shall address the structural adequacy for the safety of persons within the structure as well as the safety of persons or machinery that pass over the structure at ground level.

3.2 If the Engineer's report described in 3.1 describes a structural deficiency, which has the potential for unsafe conditions, which would affect a person in the structure or affect a person or machinery crossing the ground above then the structure shall be demolished.

3.3 Maintenance of structure securement shall be monitored by the District Fire Department on a minimum of a semi-annual basis.

4.0 Entry to Structure

4.1 Entry to the structure is permitted to carry out the requirements of this Decision.

4.2 Entry shall only be undertaken with not less than two persons present and a meter shall be used to confirm that a normal atmosphere exists or alternatively entry shall be performed in accordance with the Ministry of Labour requirements for entry into
a confined space. The tribunal recognizes the hope of the owner to re-occupy the structure in the future; however, the tribunal is also concerned first about life safety whether it be to trespassers, the owner or persons who have to carry out required
inspections. Therefore, the strict requirements for entering will prevent accidental injuries or death.

REASONS


The tribunal is strongly concerned that the lack of a building permit and the need for securement shall exist only for a very brief period of time. The evidence indicates that a sufficient level is not being made to secure a building permit and if this continues for
more than a very brief time period then the structure may be better demolished as a safety to life consideration rather then acceding to the owner's hope to re-occupy the structure.

The tribunal accepts that both submissions made an earnest effort to address the issue of securement. The tribunal used the submissions as a basis of the decision but added requirements in regard to the long term safety and securement of the structure if there is a delay in obtaining the required Building Permit. The requirement to demolish the structure upon the report of a deficiency is reasonable as the owner has had, and continues to have, the right to obtain a Building Permit if the requirements of the Ontario Building Code are complied with. If the Engineer reports a deficiency prior to the issuance of a Building Permit, repairs cannot be affected as modifications to a structural element cannot be carried out without a Building Permit and as this does not exist the only safe avenue to protect the public is to demolish the structure.