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Location:  Legislation > Fire Safety Commission > Fire Code Commission Decision #2002A005-136

Fire Safety Commission Decision Summary

DECISION NO. 2002A005-136
Date:  September 25, 2002

SUBJECT MATTER

The issue before the tribunal was a residential building that was found by the fire department to be unsafe for occupancy. The fire department ordered that the owner close the property immediately, until a list of fire safety deficiencies have been corrected. The Order to Close the building was approved by the Fire Marshal as required by the Fire Protection and Prevention Act. The owner appealed the Order to Close and the matter was referred to the Fire Safety Commission.

GENERAL DESCRIPTION O PREMISES

The building is three storeys (plus basement) in height, is of combustible construction and has a building area of 69 m². There is an enclosed front porch on the north side of the building with a floor area of 10 m².

The basement contains a furnace room and the owner’s apartment. The first floor has a kitchen and two living rooms. A main entrance vestibule is also located on the first floor and provides access to all floors. The second floor has three bedrooms and one washroom. The third floor has two bedrooms and one washroom. The building was vacant at the time of inspection due to a previous fire. It was alleged to have been used as a rooming, boarding and lodging facility. The five bedrooms on the second and third floors could accommodate up to five tenants.

A centrally located exit stair provides access to the second and third floors from the ground floor main entrance vestibule. This stair is contiguous to the corridors on the first, second and third floors. A separate stair serves as an exit from the first floor and basement. A third exit from the first floor is also available through an exterior door in the kitchen.

An electrically powered interconnected smoke alarm system is provided throughout the building, but is inoperative.

REASON FOR APPEAL

The owner claimed that Section 9.3 and 9.5 should not apply to his building, as there are never more than three persons occupying the property.

APPELLANT'S POSITION

The owner has vacated the building and has completed some of the conditions as set out in the Order to Close.

RESPONDENT'S POSITION

The fire department identified the building as unsafe and that it be closed immediately for the following reasons:

1. The electrical wiring is unsafe and poses a risk of fire to the occupants.



2. The fire alarm and detection features provided in the building are inadequate and inoperative. In the event of fire, the building occupants lack a means of being notified of a fire condition within the building.



3. The exit features provided in the building are inadequate for the escape of occupants in the event of fire in as much as:
   
   
   1. Two exits are not provided from occupied storeys as required by Subsection 9.3.3. of the Ontario Fire Code.
   
   
   
   2. The interior stairwell and doors in the stairwell serving as an exit lack an adequate fire-resistance rating and fire-protection rating and related hardware, necessary for the protection of occupants escaping in event of fire.
   
   
   
   3. The interior surfaces of the stairwell exit have a high degree of flame spread that may increase the spread of fire in the exit.
   
   

The building is closed until the following conditions be complied with:

1. The contiguous interior exit stairway/corridor is fire separated from remainder of the building by a fire separation having a minimum 30-minute fire-resistance rating.
   
   
2. Closures along the contiguous exit stairway/corridor are provided with a minimum 20-minute fire-protection rating and equipped with self-closing and latching devices.
   
   
3. A second exit is provided from the third storey or alternatively the third storey shall not contain an occupancy
   
   
4. The integrity of the 2nd floor fire separation is restored to achieve a minimum 30-minute fire-resistance rating.
   
   
5. A fire alarm system is installed in compliance with Sentence 9.3.4.1.(1) of the Ontario Fire Code, O. Reg. 388/97, as amended.
   
   
6. Battery powered smoke alarms are installed in each sleeping room.
   
   
7. Fire extinguishers are provided on each storey as approved by the City's fire department.
   
   
8. A fire safety plan as required by Section 2.8 of the Ontario Fire Code, O. Reg. 388/97, as amended, has been approved by the City's fire department.
   
   
9. Electrical Safety Order Defect Notice is fully complied with.
   
   
10. The building is inspected and approved for re-occupancy by the City's Fire Department.
    
    

COMMISSION RULING

The Commission ruled that the Order to Close be upheld.

REASONS

The tribunal believes that the property was occupied as a boarding, lodging and rooming house as defined in Section 9.3 of the Ontario Fire Code. It was evidenced that at the time of the inspections, lodging was provided for more than three persons in return for remuneration or the provision of services or both.

The tribunal also believes that the public is entitled to a minimum level of fire safety in any building in the province of Ontario.