Fire Code Commission Decision Summary
DECISION NO.:93A005-096
DATE:July 23, 1993
See Decision No. 91A001-071 for additional background information.
SUBJECT MATTER:
Appeal of an order to pay costs.
GENERAL DESCRIPTION O PREMISES:
The unit is located on the 17th floor of a 23 storey condominium apartment building and is slightly over 200m2 in floor area. The unit is separated from the remainder of the floor area with concrete shear walls having at least one hour fire-resistance rating. The floor and ceiling construction is reinforced concrete having at least two hour fire-resistance rating. There are two egress doors from the unit leading into the public corridor. These doors are at least twenty minute rated and are equipped with self-closing devices which did not work properly. However, one of these doors is blocked. There are stacks of paper found in the kitchen adjacent to the stove, resting on electrical wires throughout the unit and table lamps resting on stacks, all of which could cause heat buildup and lead to a fire. There is one smoke alarm located in the corridor serving the bedrooms. The rest of the building conforms to the Ontario Building Code with respect to fire safety.
REASON FOR APPEAL:
There was no reason for the removal of any materials and therefore there should never have been an order to pay costs.
APPELLANT'S POSITION:
The appellant is of the opinion that there was no immediate threat to life and that the Fire Department had no right nor reason to believe that the materials needed to be removed or that they constituted a threat of fire. The appellant also believes that he was not given ample time to comply with an order issued May 4, 1993 for the same reasons (accumulation of combustible materials posing a threat of fire).
RESPONDENT'S POSITION:
The Fire Department entered the condominium unit under Section 18(3) of the Fire Marshal's Act feeling that there was a risk of fire that posed an immediate threat to life. Piled newspapers, books and loose newspapers exceeded 40 pounds per square foot and therefore, if a fire occurred, water for fire fighting purposes would
severely compromise the structural integrity of the building.
COMMISSION RULING:
The order to pay costs was upheld. It was also amended by increasing the amount of the order by $1,926.00 for storage costs.
REASONS:
The Commission considers that the costs specified in the order are reasonable having regard to the work that was done, and that the Fire Marshal was authorized to do the work undertaken under Section 18.3 of the Fire Marshal's Act.
The Commission finds that the Fire Marshal had reasonable grounds to believe that a risk of fire posed an immediate threat to life and acted accordingly to remove the combustible material.
