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Location:  Legislation > Fire Safety Commission > Fire Code Commission Decision #2001A004-134

Fire Safety Commission Decision Summary

DECISION NO. 2001A004-134
Date:  December 12, 2001

SUBJECT MATTER

The issue before the tribunal was the level of life safety within a residential building that provides supervisory care for seven elderly residents, several with physical and cognitive limitations. The home has capacity for up to 12 persons.

GENERAL DESCRIPTION OF PREMISES

The building is a 30 year old, two-storey house of combustible construction with a building area of 237 square metres (778 square feet). The main floor has two bedrooms, a kitchen, sitting room, family room, dining room and sunroom. The second floor has four bedrooms and one sunroom also used for sleeping. The basement contains a bedroom (for staff), laundry room and furnace/storage room. An open stair connects the main floor and the second storey. An interior stair and a separate exit to the exterior is provided from the basement. There are interconnected and single station smoke alarms at various locations on each floor level. Emergency and exit lights are also provided at various building locations.

Several residents are expected to require assistance to evacuate. Two staff members are usually on site at any time.

The Inspection Order served by the fire department identified the building as an “institutional care home” and called for:

• Installation of interconnected smoke alarms in bedrooms where none were provided;
• Installation of 20 min. rated doors accessing all bedrooms, second floor closets and washrooms;
• Provision of a fire separation with 45 min. fire-resistance rating around the furnace room in the basement (or automatic sprinklers) and between a second floor bedroom and the corridor;
• Separation of the exit stair from the remainder of the building with a fire separation having a minimum 45 min. fire-resistance rating;
• The air handling system to automatically shut down upon activation of the interconnected smoke alarms.

On appeal to the Fire Marshal, the Order was modified to allow for an optional method of compliance as follows:

• Install an automatic sprinkler system throughout the building in accordance with NFPA 13R, “Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height” (or NFPA 13D, “Standard for Installation of Sprinkler Systems in One and Two-Family Dwellings and Mobile Homes” if the number of residents are limited to 10, sprinklers are not omitted from bathrooms unless walls and ceilings are surfaced with membranes of lath and plaster or gypsum board, and the duration of water supply is increased to 30 minutes if storage tanks used);
• Install single-station smoke alarms in all bedrooms (in addition to the existing interconnected system);
• Install a door (no rating) at top of stairs with self-closing and latching devices to maintain floor separation;
• Provide self-closing and latching devices on the door at the top of the basement stairs to maintain floor separation;
• Replace any folding doors on bedroom access openings with vertical swing doors, with latching device.

REASON FOR APPEAL

The owner indicated that the residents are capable of evacuating the building without assistance. There are never less than two staff on duty. This is frequently augmented by family members and visiting nurses.

The owner cooperated with local officials by installing an additional exit from the basement and smoke detectors in the bedrooms. The owner also indicated that constructing an enclosure for the main stairwell would compromise the home-like environment of the building.

COMMISSION RULING

The tribunal stated that it believed that the public is entitled to a minimum level of life safety in all buildings in Ontario, and that, in the absence of an alternative classification for this type of use in the Fire Code, this facility falls under Section 9.5 of the Fire Code. The tribunal also believed that although some of the residents may be ambulatory, their performance in a fire situation would be severely impaired and cause them to require assistance to evacuate. It was their decision to modify the Inspection Order as follows:

1. Occupancy shall be limited to no more than 10 persons;
2. Install interconnected smoke alarms in all bedrooms;
3. Provide 30 minute rated fire separations to all bedrooms on the first and second floors with minimum 20-minute rated doors;
4. Provide a minimum 45-minute fire separation at the ceiling of the furnace room and between the furnace room and the basement bedroom. Install a 20-minute rated furnace room door with a self-closing device. Provide sufficient combustion air directly from the outside;
5. Provide a 45-minute fire separation between all second floor closets and storage rooms accessed from the corridor, and protected openings with 20-minute rated doors;
6. Provide a 20-minute rated door at the top of the open stairway with a self-closing device activated by a signal from one of the interconnected smoke detectors;
7. As an alternative to 3, 4, 5, and 6, an automatic sprinkler system may be installed in accordance with NFPA 13R.