Fire Safety Commission Decision Summary

DECISION NO. 2002A008-140
Date: March 5, 2003

SUBJECT MATTER

The issue before the tribunal was an Inspection Order served on the owner of a building being used for livestock auctions. The Inspection Order identified 14 items to be complied with by the end of July 2002. These items included upgrading of the exits and installation of a fire alarm system.

GENERAL DESCRIPTION OF PREMISES

The building is one storey in height, is of combustible construction and has an area of 970 m². There is a 97 m² mezzanine located in the northwest area of the building.

The building is used primarily to hold livestock auctions once a week. The central and north sections of the building contain pens for horses, pigs, goats and other large livestock, as well as open areas for cages containing smaller livestock. The pens extend below the mezzanine. The south building section is an open temporary livestock holding area.

The building wall and roof assemblies are mostly unfinished exposed wood. A portion of the north half of the mezzanine is sheathed on the underside with gypsum wallboard. All of the pen areas are open for public viewing of the livestock that is being auctioned.

The auction ring comprises 150 m² of the building area. The auction ring has five rows of bench seating, providing approximately 76 linear meters of bench seating. This would provide seating for approximately 168 persons. The normal attendance at these auctions is understood to be less than 40 persons.

The mezzanine is fully enclosed and separated from the remainder of the building by wood panelling on wood studs. A doorway connects the mezzanine to the auction ring. The mezzanine contains an office area and a small snack bar with a seating capacity of 32 persons. The snack bar kitchen has a deep fat fryer and grill located under an aluminium exhaust hood, protected by a wet chemical fixed fire extinguishing system.

The auction ring has one main entrance/egress door that opens directly to the exterior on the north side of the building and three other means of egress from the auction ring. The centre section of the building has three principal doorways that provide egress to the exterior.

The south section was constructed separately and joins the remainder of the building via a thirteen-foot long passageway. There are four openings that provide egress to the exterior.

There is no fire alarm system in the building. Portable extinguishers are provided throughout. There is no approved fire safety plan for the building. One emergency lighting unit is present in the auction ring. “No Smoking" signs are posted throughout the building.

REASON FOR APPEAL

The owner strongly feels that the requirements as set out in the Inspection Order are unreasonable and not necessary.

APPELLANT'S POSITION

The owner argued that the fire department does not understand the business operation. He does not agree that the building has any fire safety concerns, as the building was built to standards in 1973 and the auction business has been operating since then.

RESPONDENT'S POSITION

During an inspection on July 10, 2002, the respondent identified 14 items of fire safety concerns about the building. An Inspection Order was issued and requires the owner to comply with the following:

Provide a second exit from the pit area with clearly defined paths of exit travel to the exterior, ensuring that doors swing in the direction of exit travel.
Remove combustible waste material from under bleachers near the front exit, and close-off underside of bleachers facing the exit.
Provide a second exit from the rear barn area by ensuring that the sliding doors are open whenever the building is occupied. This exit shall have a clearly defined path of exit travel to the exterior.
Access to the front exit is to be increased by cutting back the sidewalls of the bleachers as per directions.
Widen gate at second exit from pit area.
Provide fire watch - ensuring "no smoking" in the building at all times and ensuring clear and definite paths of exit travel.
Provide the proper panic hardware for the front glass exit door from the pit area.
Provide illuminated exit signs at all doors utilized as exits in the front and back indicating direction of exit travel. Also provide exit signs at the top of the exterior stairs from the kitchen and at the two large sliding doors in the rear barn, as well as the main door located in the rear barn.
Provide emergency lighting for exits and open floor areas, such as the kitchen and the pit area.
Install a fire alarm; with an alarm panel complete with battery backup. Manual pull stations are to be provided at each exit and audible devices (bells) are to be provided in the kitchen and the pit area.
Provide a permanent second exit from the rear barn area. This exit shall have a clearly defined path of exit travel to the exterior and must be available at all times.
Close-off underside of exit stairs from the kitchen leading to the exterior.
Provide a fire safety plan acceptable to the Chief Fire Official.
All changes to be approved prior to implementation.

COMMISSION RULING

The Commission ordered that the Inspection Order be upheld and two additional items added:

Discontinue use of the commercial cooking equipment until it is upgraded to meet NFPA 96.
The owner shall undertake a Life Safety Study by June 30, 2003, and based on this document, prepare a life safety plan acceptable to the Fire Department by September 30, 2003.

REASONS

The tribunal believes that the public is entitled to a minimum level of fire safety in all buildings in the province of Ontario. Based on the evidence presented, the tribunal believed that the work is required to protect the public and provide a reasonable level of life safety in the building.

During the hearing, evidence was provided with respect to the condition of the commercial cooking equipment, which triggered an additional requirement in the decision rendered by the tribunal.