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Fire Code Commission Decision Summary

DECISION NO.:92A002-077
DATE:March 31, 1992

SUBJECT MATTER:

Compliance with the modified fire marshals order:
  1. Installation of interconnected smoke alarms on each floor between the bedrooms and the remainder of the floor area including the furnace room.
  2. Installation of ULC listed fire extinguishers on each floor.
  3. The stair serving the basement dwelling unit shall be separated from the remainder of the building by a fire separation with a minimum 30 minute fire-resistant rating
    OR   The basement dwelling unit shall be provided with a second means of escape, ie. through a window that satisfies the following conditions:
    1. the window must be readily openable without the use of tools
    2. an unobstructed open portion having minimum area of 3.8ft2 and no dimension less than 15 inches
    3. permanent access such as steps must be provided to the window if the sill height exceeds 3 ft. 3 inches
    4. occupants of the basement dwelling unit must be provided with information on how emergency escape may be accomplished.

GENERAL DESCRIPTION OF PREMISES:

The building is a 1100ft2 (100m2) detached bungalow with a combustible rear deck and a noncombustible front porch. The exterior walls are of masonry construction with concrete block foundations. The roof, interior walls and first floor are of combustible construction. The building contains two dwelling units. The first floor unit has three bedrooms and the basement unit has two bedrooms. The first floor dwelling is separated from the side entrance stairs by a wall consisting of plaster on wood studs. The separation has a hollow core wood door in a wood frame that is equipped with a locking latch to provide controlled access to the first floor. In addition the door had a chain on the stair side which could be used by the occupants of the basement unit to restrict access. There is no separation between the stairway and the basement dwelling unit. A battery powered smoke alarm was found mounted on the ceiling in the basement bedroom but had no battery. There were no fire extinguishers found in the building. Primary egress from the basement is through the exterior door via the stairs. The only secondary egress is through the basement windows and that is limited by their size and construction.

REASON FOR APPEAL:

Cannot carry out the order due to financial hardship.

APPELLANT'S POSITION:

The appellant has been unemployed for over a year and is financially unable to comply with the order. The appellant also believes that the damage and non-compliance is in part due to a "bad tenant" that has since been evicted. The basement will no longer be used as a separate dwelling unit but will be used as storage returning the house to a single dwelling unit.

RESPONDENT'S POSITION:

To provide early and proper life and fire safety and adequate means of escape for the occupants of the building, the work of the order is needed.

COMMISSION RULING:

The Commission upheld the modified order.

REASONS:

The Commission encourages the owner and fire department to work in a consultative and cooperative manner.

It is the opinion of the Fire Code Commission that this work is necessary to enhance the fire safety of the property and its occupants.