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Fire Code Commission Decision Summary

DECISION NO.: 98A002-124
DATE: August 13, 1998

SUBJECT MATTER

The issue before the tribunal consists of several Inspection Orders encompassing items that contravene the Fire Code and the Building Code. Some of the items pertain to the need for closures, exit signs, lighting, portable fire extinguishers, fire safety plan, dust collection systems, fire alarm audible devices and test records for portable fire extinguishers. Other items relate to the need for proper maintenance of lighting, exit signs, fire alarm systems, sprinkler systems, spray-on type fire protection, aisle widths, and exit and egress routes, and proper storage levels of raw products, indoor pallets and manufacturing materials.

The Inspection Orders call for action by the owner to address these contraventions.

GENERAL DESCRIPTION OF PREMISES

The premises consist of two buildings under the same ownership but on separate properties. Both buildings have a mixed occupancy that includes mercantile, industrial and residential. Each building is a fully detached, two storey (plus basement) and of noncombustible construction. The east building is approximately 8,200 m² in area and the west building is 4,860 m². The exterior walls of each building are concrete block or insulated metal panel on steel frame. The floors of the buildings are poured concrete on metal pan on steel joists, beams and columns. The roofs are a built-up steel deck on steel joints, beams and columns. Sprinklers and a fire alarm system are provided throughout both buildings.

REASON FOR APPEAL

The owner needs more time to comply with the requirements.

APPELLANT’S POSITION

The appellant maintains that the orders are being remedied and more time is required.

RESPONDENT’S POSITION

The respondent maintains that too much time has elapsed in remedying the deficiencies, this situation is not in the interest of public safety and immediate action should be taken.

COMMISSION RULING

The tribunal affirms all Inspection Orders regarding items in contravention of the Fire Code and the Building Code. The appellant shall bring the following deficiencies noted in the inspection report into compliance:

For the west building:

For the east building:

All work shall be completed to the satisfaction of the Fire Department by September 18, 1998.

REASON

The tribunal recommends that the City investigate the appropriateness and deal with the residential occupancy for the second building forthwith. This occupancy has been in existence for some time with no assessment of fire and life safety. The appellant shall ensure that building permits are obtained for the construction and/or alterations of the residential units.

The tribunal expressed concern at the apparent disregard for the occupants of the residential occupancy exhibited by the owners by their lack of respect of the regulatory restrictions, which have been developed to protect the fire and life safety of persons in these occupancies.