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Fire Code Commission Decision Summary

DECISION NO.95A003-104
DATE:April 21, 1995

SUBJECT MATTER:

Order to demolish and a request to lift a stay

GENERAL DESCRIPTION OF PREMISES:

The subject property is a two storey vacant house, with stone foundation walls, wood floor joists, wood rafters and wood studs covered with wood lath and plaster. The neighbouring house is 24 inches (foundation to foundation) from the subject building. In 4 days, 3 fires occurred at the property causing approximately $90,000 throughout the entire first and second floor. Most of the fire damage took place in the kitchen and the rear main floor addition. There is a hole in the floor directly above the kitchen made during fire fighting. There is a great deal of plaster and wood trim damage but it does not appear to be structural damage.

REASON FOR APPEAL:

The subject building can be repaired so there is no reason to demolish it.

APPELLANT'S POSITION:

The appellant believes that a dispute with his neighbour and competitor in the bed and breakfast building is the cause of the order being laid. With additional complaints concerning his treatment by the city, the appellant feels he is being unfairly treated and wants only to repair the building after the insurance company has settled.

RESPONDENT'S POSITION:

The fire department submitted a request to the Commission to have the stay lifted during the appeal process. The fire department believes that the fire damaged structure is a threat to the adjoining property. After an inspection by an engineer from the city, it was decided that the building was not structurally sound and should be demolished.

COMMISSION RULING:

The request for a stay was denied and the order was modified:

The appellant will comply with the order or alternatively do the following:

  1. provide security on-site during the house of 11:00 p.m. to 7:00 a.m. every night by a firm regularly engaged in the security business, and that the exterior of the building be inspected by the appellant at least twice during daylight hours to ensure that all openings are secured until the requirements of #2 are complied with.

  2. ½ inch plywood to be affixed as closers with 2½ inch spiral nails or screws to all openings except where a regular door may be fitted with a proper dead both and hinges.

  3. prior to access to the building, the fire department must be notified and after access the building must be resecured as per #2 and the department notified of the closure.

  4. 35 days from the date of receiving this decision, the appellant must submit an application, accompanied by necessary construction documents to the building department for a building permit.

  5. in the case that the city should reasonably deny the application due to the lack of adequate compliance with the intent of the Ontario Building Code and the Ontario Fire Code, then an additional period of 45 days is granted for resolution. And upon continued failure to resolve, the matter should be referred to the Building Code Commission or the Fire Code Commission as appropriate for resolution.

  6. corrective measures required due to spacial separations and the refitting closures, such as windows, be completed within 4 months of issuance of the building permit.