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Fire Code Commission Decision Summary

DECISION NO.:93A011-098
DATE:May 26, 1994

SUBJECT MATTER:

Appeal of an informal review:

  1. Upgrade sprinkler system to protect the large amount of vinyl stored in the building or have an engineering assessment done to determine the available average density and the storage of vinyl products shall be rearranged such that the height does not exceed the capacity of the sprinkler system.
  2. Maintain sprinkler system in an operating condition and provide provisions to prevent the system from freezing as per 6.5.1.2. and 6.5.1.4. of the Ontario Fire Code.
  3. Secure the building from unauthorized entry.
  4. Cleanup debris and combustibles both outside and inside the building.

GENERAL DESCRIPTION OF PREMISES:

The subject building, whose primary use was the storage of plastic (vinyl) materials, is approximately 9000m2 in building area. The southwest portion of the building which is two storeys in building height, is constructed of brick and block walls and wood floor and roof decks. The balance of the building is one storey with 7m high ceilings, concrete block walls, concrete floors and a metal pan roof deck supported on unprotected steel joists. The building is served by an automatic sprinkler system which had been deactivated but was still being monitored by the fire department. The heating system (a natural gas fire boiler) had been shut down making the sprinkler system prone to freezing. No measures were taken to prevent this from happening. The storage piles of plastics in the southwest portion of the building extend up to the roof joists and would obstruct the intended operation of the sprinkler system. Man doors at the perimeter of the building were found to be locked and secure, however, windows on the north and west side were readily accessible and unprotected. A roof-mounted skylight had been used to gain unauthorized entry to the building. Debris was found inside and outside of the building.

REASON FOR APPEAL:

The appellant believes he is not the legal owner of the property nor does he occupy the property.

APPELLANT'S POSITION:

The owner has filed for bankruptcy and is therefore not considered the legal owner of the property. It is the understanding of the appellant that the bank, acting as mortgagee-in-possession, has appointed a property manager to carry out the provisions of the informal review and has made an agreement with the Ministry of the Environment about the property.

RESPONDENT'S POSITION:

Due to the large amount of vinyl produce stored in the building, the sprinkler system in its present form and state is inadequate to protect the building. It is felt that a fire, once started, would seriously endanger the health or safety of the community and the environment.

COMMISSION RULING:

The Commission modified the informal review:

  1. Upheld
  2. The sprinkler system shall be reactivated, monitored, maintained and be protected from freezing accordance with Sentence 6.5.1.4. of the Ontario Fire Code.
  3. Upheld
  4. Upheld

REASONS:

The Commission believes that this work is necessary to protect the building and occupants from fire and protect the environment.