DECISION NO.96A006-113
DATE:November 7, 1996
The subject property is a single storey, plus basement house of wood
frame and brick veneer construction. The house contains two dwelling units,
one on the ground floor and one in the basement, each with independent
eating, sleeping, cooking and living facilities. The units share an interior
stairway which leads to a back door that accesses the exterior, an upper
level landing and a hallway in the basement. This hallway provides access to
a laundry /furnace room that is used only by the building owner and the
rooms of the lower dwelling unit. Interior walls consist of gypsum board or
wood panelling on wood studs. Ceilings in the lower unit vary between gypsum
board attached to floor joists, acoustic ceiling tiles or wood. The ceiling
in the furnace/laundry room is exposed wood joists. Doors serving both units
are 35mm thick hollow core wood doors with conventional latch sets. The
upper unit is equipped with a single battery powered smoke alarm. The lower
unit is equipped with two battery operated smoke alarms; one in the basement
bedroom and one in the common hallway. The upper unit exits directly through
the front door or through the back exterior door. The lower unit has a
single shared means of escape through the back door via the interior
stairway. The building did not have the required fire separation between the
two dwelling units or flame spread rating on the interior walls and ceiling.
Combustion air for the fuel-fired appliance and electrical deficiencies
required attention.
The fire department refused a request for an extension of time due to the
lack of fire separation, which is an important factor in slowing the spread
of fire and providing adequate time for escape.
The owner appealed the refusal and the subsequent informal review stating that due to financial hardship they could not comply with the legislation. The owner requested a two year extension to provide the upgrades.
The Commission modified the informal review to provide the owners with a
schedule of compliance: fire separations to be completed by February 1, 1997
and April 1, 1997, combustion air for the fuel fired appliance by June 1,
1997, installation of a CO detector in the furnace/laundry room by December
15, 1996 and provide a 30 amp breaker panel by January 1, 1997. The
Commission balanced the financial circumstances of the owner with the life
safety issues affecting the occupants in rendering the staggered compliance
schedule.
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