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Fire Code Commission Decision Summary

DECISION NO.:92A001-084
DATE:April 30, 1992

SUBJECT MATTER:

Compliance with the modified order as follows:
  1. All partition walls and ceiling throughout the basement area be constructed of lath and plaster or gypsum wallboard.
  2. Installation of a twenty minute fire-protection rated door to the boiler room with a self-closing and latching device.
  3. Installation of twenty minute fire-protection rated door with self-closing and latching device for all doors between the first and second floor corridor and bedroom/living areas, kitchens, and the third floor access.

GENERAL DESCRIPTION OF PREMISES:

The building is a fully detached house and consists of three storeys plus a basement. The exterior walls of the building are mostly brick, the exceptions being the second floor kitchen and the main floor bathroom and porch at the back of the building which are finished in wood siding. All interior partitions, floors and roof are of wood frame construction. The building is currently occupied by eight people: two people in the basement, two people on the main floor, three people on the second floor and one person on the third floor. The basement area is accessed through the side door of the building and, in addition to the boiler room and storage areas, contains a bedroom/living area, bedroom, kitchen and washroom facilities. The interior walls, corridors, stairway and ceiling in the basement are finished in wood panelling, except for boiler room and rear storage area which have unfinished ceilings. The main floor consists of two bedroom/living areas, a smaller living area, kitchen, washroom and enclosed "summer porch". Most of the doors on the main floor are wood panel doors. There is no access from the main floor to the basement. The second floor consists of three bedroom/living areas, kitchen and washroom facilities and two small storage closets. The doors are also of the wood panel type. The stairway down to the main floor is open but the stairway to the third floor is enclosed with a wood panel door with lock and latch. The third floor consists of a bedroom., living area, kitchen and washroom facilities. The doors are wood panel doors. On both the third and second floor the only means of egress is the stairway and egress on the main floor is out the front door. There are no exit signs in the building. The building is equipped with interconnected smoke alarms in the stairways of each floor and a fire extinguisher on each floor.

REASON FOR APPEAL:

Disagrees with the order.

APPELLANT'S POSITION:

Appellant is appealing on the grounds that they feel the building described in the order is not an "apartment house" within redefinition of the Fire Marshals Act.

RESPONDENT'S POSITION:

The tenant occupied basement area of the building and adjacent furnace room, storage room and corridor serving this area have walls and ceilings constructed of combustible wood panel and hard board such that fire would endanger the occupants and the property.

COMMISSION RULING:

The Commission upheld the order as follows:
  1. Upheld
  2. Upheld
  3. The owner has the following options:
    1. carry out the work listed in Item No. 3
    2. carry out the following work:
      1. on the second floor, provide a twenty minute rated partition and door with self-closing device and latchset west of the stairway and change the doors of the bedrooms to twenty minute rated doors with self-closing devices and latchsets.
      2. on the ground floor, provide a twenty minute rated door with self-closing device and latchset and partition to the east of the stairway; remove the existing doors between the front vestibule and the corridor and between the kitchen and the stair leading to the basement and replace these openings with gypsum wallboard partitions
      3. in the basement remove all locks on doors except for the bedroom/living room area and the boiler room

REASONS:

The Commission is of the opinion that this work is required to enhance fire safety for the occupants and the property.

The Commission was pleased that the parties were able to come to a mutually satisfactory agreement among themselves and urge the owner and the fire department to complete this work in a constructive and cooperative manner.