Fire Code Commission Decision Summary

DECISION NO.:92A027-092
DATE:April 23, 1993

SUBJECT MATTER:

Repair and maintain a sprinkler system in operating condition as required by Part 6, Section 5 of the Ontario Fire Code.

GENERAL DESCRIPTION OF PREMISES:

The building is one storey built of combustible construction approximately 52,000 square feet with the occupancy considered to be mercantile. Small stores are located along the east side of the building, occupying 9200 square feet, the rest is occupied by a flea market. The building has no emergency lighting, no fire alarm system and no fire safety plan.

REASON FOR APPEAL:

Not financially able to repair and upgrade the sprinkler system. Suggest smoke and heat detector system would be more appropriate for premises.

APPELLANT'S POSITION:

Building to be used only one day a week, therefore, it is suggested that a smoke and heat detector system would be more appropriate. The sprinkler system has not been functional for approximately 10 years because not all parts of the building were in use and damage to the system would not allow for isolation in any part of the system. In the future, the building might be returned to smaller offices which would not require a sprinkler system.

RESPONDENT'S POSITION:

Installation of the sprinkler system is an essential fire protection component for a building of this size, construction and occupancy.

COMMISSION RULING:

The Order was upheld as this work is considered the minimum required to provide life and fire safety to the occupants and the building. Once the system is installed, it must be maintained in operational condition as mandated by the Ontario Fire Code. If the rear portion of the building, excluding the stores at the front, is in a vacant state and not used for any purpose, the work of the Order does not apply.

REASONS:

The commission considered other options that could be considered as equivalent protection for life and fire safety, but given the current uses, occupancy, size and construction of the building, no acceptable alternatives were identified.