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Fire Safety Commission Decision Summary

DECISION NO. 2004RA006-143
Date:  October 27, 2004


SUBJECT MATTER

The issue before the tribunal was an application made by the fire department for authorization to do work relating to an Inspection Order served on the owner of a mixed use residential, commercial and assembly building. The Inspection Order required that a second exit be provided from a second floor area by June 18, 2004. The previous second exit was compromised as a result of a fire.

Five residential units situated on the second floor of the premises are now located within a dead-end corridor and served by only one exit. Temporary alternative accommodation was provided by the fire department for occupants of the affected units until this second means of egress is provided.


GENERAL DESCRIPTION OF PREMISES

This 2500m², two storey (plus basement) building was constructed in 1947 and is of combustible construction. The exterior walls of the building are concrete block, brick or stucco on wood frame. The roof and floor assemblies are boards on joist.

The building is generally occupied as commercial on the first floor and residential on the second floor. The second floor includes thirteen apartments in the North Wing and five apartments in the South Wing. The south end of the building also has four apartments on the second floor that are vacant because of a recent fire. The southeast portion of the building has both floors gutted and under reconstruction due to this fire. The roof of this portion has been removed and partially covered with tarps and plastic.

The North and South Wings of the building have floor assemblies that are boards on joist with gypsum wallboard sheathing on the underside. The corridors serving the apartments and the exit stairs are separated from the remaining floor area with gypsum wallboard on wood stud wall assemblies. The apartments are separated from each other and other floor areas by wall assemblies constructed with gypsum wallboard on wood studs. Suite doors are a solid-core wood type and are provided with self-closing devices. Doors accessing exit stairs from the floor area are labelled and provided with self-closers.

The second floor of the North Wing is provided with two exits that include the east exit stair and the central exit stair. The South Wing is currently provided with a single exit, which is the central exit stair. A previous second means of egress from this wing is locked off as it leads through the fire-damaged area to the south, which is under reconstruction.

Fire safety equipment, such as the fire alarm system and in-suite smoke alarms are in place throughout the occupied portion of the building but not in the portion of the building under reconstruction or the second floor vacant apartments in the south end. The power supply and services have also been shut-off in the vacated portion of the building. Sprinklers are provided and in service on the ground floor and basement of the North Wing and part of the South Wing.

This building falls within Section 9.5 of the Fire Code which requires that each floor area to be served by a minimum of two exits.


APPLICANT’S POSITION

The fire department indicated that the owner is not likely to comply with the Inspection Order since the timelines for an appeal have passed and there is no sign of action being taken by the owner at the premises. Since the issuance of the Inspection Order, the fire department has received no communication about the owner’s intent despite repeated attempts to contact him. The fire department filed an application to the Commission on September 27, 2004 for authorization to do work. The fire department believes that the application is consistent with criteria set out in subsection 33.(4) of the FPPA, 1997, and failure to provide the exit endangers the occupants of the residential portion of this property. The fire department is therefore seeking the Commission’s decision to grant the authority to do the minimum acceptable measures as proposed therein at the owner’s expense.


RESPONDENT'S POSITION

The owner’s business manager was at the hearing to collect information for the owner, and stated that he did not have the authority to make decisions on matters relating to financial commitments. He also provided additional information about an ongoing dispute over claims for the fire damages, and that it was the owner’s intent to let the Inspection Order compliance date lapse until sale of the property could be arranged. He also stated that the owner has undertaken all safety measures to the property required by the fire department as a result of the fire, except the provision of the required second exit.
 

COMMISSION'S RULING

The Commission ruled that the application for authorization to do work be granted in accordance with the minimum acceptable measures as follows:

  1. A structural engineer shall assess the area, specifically looking at the structural stability of the egress route and adjacent areas impacted by the fire. The engineer will also provide working drawings for any work to be performed.
  2. Any work required by the engineer for the purposes of structural stabilization will be completed.
  3. Separations or hoarding between the egress route and areas impacted by fire will be provided.
  4. Emergency lighting and fire detection will be provided as required.
  5. Exit signage will be provided as required.
  6. Work undertaken will be in conformance with the Ontario Building Code or will match facilities in existence prior to the fire. Where this is not possible, proposals for alternative measures will be approved by the Chief Fire Official, prior to implementation.
  7. The egress facility should be designed to ensure a minimum impact on the facility, if restorative work on the fire involved portion of the property were to commence.

The Fire Department shall complete the work within one month.


REASONS

The Tribunal has heard the evidence to the effect that the owners had ample opportunity to implement the Inspection Order. The work is necessary to ensure life safety of the occupants and the visitors at the building. The reasons given at the hearing by the Respondent for not implementing the order are not acceptable to the Commission in view of the life safety of the occupants of the residential units on the second floor. The Tribunal believes that the work must be completed to ensure the safety as mentioned above.