blank space

Fire Code Commission Decision Summary

DECISION NO.:94RA001-100
DATE:August 10, 1994

SUBJECT MATTER:

Application to the Commission for authorization to remove tires from a premises and be disposed of in a proper manner.

GENERAL DESCRIPTION OF PREMISES:

The subject premises is a used tire storage site with an area of approximately 2.41 acres. The front part of the site is occupied by a one storey combustible building used as a retail tire sales store and service shop. The rear portion of the building was demolished because it was declared structurally unsafe. The rear part of the site is overgrown with trees, bushes and tall grass. The adjoining properties are occupied by a welding shop, residential subdivisions, an autoglass shop and within 100-500 ft Hydro transformer stations supplying a significant percentage of power to the city. It was estimated that there are 50,000 to 75,000 tires stored on the site. There are 2 strips of loose piled tires with a grassy pathway between the piles varying in width from 2 to 10 ft. Approximately 270 bales of tires are located behind the tire shop. There were 80-100 tires stored on racks and scattered in various locations inside the building. There is no fire alarm system, standpipe system or sprinkler system in the building but a watchman service was provided during non-operational hours.

REASON FOR APPEAL:

When a Fire Marshals Order was issued in December, 1992 to remove the tires, the owners did not comply and the number of tires on the site continued to increase.

APPELLANT'S POSITION:

If a fire occurred, nearby residents would need to evacuate and should the hydro stations be damaged, 45% of the city could lose power including several car plants, hospitals, schools and police services which would significantly impact on the health and safety of the community. Also, firefighter access is hampered by the close proximity of the Hydro site and the lack of division between the piles of tires.

RESPONDENT'S POSITION:

The fire department was only following the direction given by the Commission and the costs incurred were reasonable for the work done.

COMMISSION RULING:

The Commission granted the authorization for the removal of rubber tires from the site subject to the following conditions:

  1. If the site chosen to dispose of these tires is within the Province of Ontario, this site must be certified by the Ministry of the Environment and Energy as an approved site for tire storage and still be certifiable with this increased quantity of tires.

  2. Until the site is clear of all tires, the present watchman service making hourly rounds should continue.

  3. No more tires should be accepted on these premises.

The removal of these tires from this property should be concluded by October 31, 1994.

REASONS:

The storage of tires on this site provides an unacceptable hazard to life safety, property protection and the environment of the surrounding community.