Ontario

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fire Safety Commission

 

 

 

Hearing Procedure

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Hearing by the Fire Safety Commission

 

 

Types of Hearing

The Fire Safety Commission conducts hearings on:

·       Inspection orders, and Fire Marshal’s reviews

 

} Appeals

·       Orders to Close

·       Order to pay costs (S 36)

·       Authorization to do work (S 33)

 }    Applications

 

Participants

·       Fire Safety Commission (Commission)

·       Appellant

·       Respondent

·       Fire Marshal’s delegate

·       Technical Advisor to the Fire Safety Commission

 

Fire Safety Commission

·       Tribunal consists of a Chair and two Members (selected from a matrix of 20 individuals appointed by an Order in Council as Members of the Fire Safety Commission).

 

Appellant/Respondent to an Application

·       Person against whom the order (or application for Authorization to do work) has been issued.  This is the person who has control of the building and may be the owner or the tenant. 

 

Respondent/Applicant

·       The person who issued the order (or made application for Authorization to do work).  In most cases, the respondent is the municipal fire department although it may be anyone designated as an Assistant to the Fire Marshal under the Fire Protection and Prevention Act.

 

Delegate Acting in the Stead of the Fire Marshal

·       Where the appellant exercised his/her right to have the Fire Marshal review the order, a delegate for the Fire Marshal will have confirmed, amended or rescinded the order or made such other order as appropriate.

·       Where a matter is referred directly to the Commission there is no Fire Marshal’s delegate.

 

Technical Advisor to the Fire Safety Commission

·       The Commission may choose to arrange for a technical advisor to provide relevant background information (use/occupancy/fire safety features/applicable standards/regulations and other fire safety related matters) relevant to the premises identified in the appeal/application.

·       The technical advisor is usually a staff member of the Office of the Fire Marshal on assignment to the Commission; however, the Chair may elect to have an independent advisor.

 

Floor Plan of Room where Hearing is conducted 

 

 

 

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Fire Safety Commission

Tribunal (Chair + 2 Members)

 

 

 

 

 

 

 

 

 

O

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C.R.

 

SEC.

 

Fire Marshal Delegate

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Court Reporter

 

 

 

 

 

Technical Adviser

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Commission  Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

Respondent   (Applicant)

 

Appellant (Respondent to Application)

 

 

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Before the Hearing

·       Both the appellant and the respondent should prepare their case including the reasons and rationale for the appeal/ defense. 

Although not required, presenting this in written form may help to clarify the arguments.

·       Arrange for a representative (e.g. engineer/architectural consultant, lawyer, etc.) if desired.  If the representative acts as their agent, and the appellant/respondent (to an application) does not attend, they must ensure the agent has their written authorization.

·       Arrange for witnesses to attend the hearing, if necessary.

·       Gather any information or documents relevant to the case (it is the witness’ responsibility to bring documentation/exhibits [photos, video, reports, etc.]) to support the evidence provided.

·       Tagging of exhibits and other secretarial services are provided by the Commission Secretary.

·       Contact the Commission Secretary with any questions.

 

 

Attending a Hearing

·       Both the appellant/applicant and respondent should attend the hearing (appeal/application).

·       At the discretion of the Chair, the hearing may proceed and a decision rendered even in the absence of the appellant/respondent based on testimony from the other parties to the hearing.

 

At the Hearing

·       All persons who come to the hearing will be asked to sign an attendance list.

·       Any party or witness giving evidence will be asked to take an oath or affirm to tell the truth.

·       Where possible, all evidence presented at the hearing is recorded by a court reporter (transcript copy available for purposes of appeal to Divisional Court).

 

1.               Call to Order (by the Commission Chair)

·       Convene the hearing.

·       Describe the purpose of the hearing and the issues that will be discussed.

·       Ask all parties to introduce themselves and who they represent.

·       Explain the rules of order.

 

2.               Testimony

·       Testimony at the hearing may be presented by the following individuals:

 

Appellant/Applicant

·       The appellant/applicant will be asked to present their case first.

·       The appellant/applicant may present any evidence, and call witnesses relevant to the matter.

·       The evidence can be presented by the appellant/applicant, or their representatives.

 

Respondent

·       The respondent (to the appeal) presents evidence to explain the fire safety issues and action.

·       The respondent (to the application) presents evidence to answer to the application.

 

Fire Marshal’s Delegate (Optional attendance)

·       The Fire Marshal’s delegate presents evidence at the discretion of the Fire Safety Commission.

·       Evidence focuses on the analysis and rationale contained in the initial decision.

 

Technical Advisor

·       The Technical Advisor presents his/her inspection report.

 

3.               Questions/Cross-examination

·       Parties to the hearing are entitled to question any witness at the hearing.

·       Questions may be posed during the presentation of evidence, or as cross-examination.

·       Questions must focus on matters directly related to the evidence being given.

·       Members of the Tribunal are entitled to question any witness providing evidence.

 

4.               Closing Comments/Summation

·       Parties to the hearing are entitled to make closing statements to the Tribunal.

·       The Fire Marshal’s delegate may request the privilege of making a statement if evidence presented at the hearing has a direct impact on the decision rendered at the first level of appeal.

 

5.               Fire Safety Commission Decision

·       Except as may otherwise be indicated by the Chair, the tribunal retires to formulate the decision immediately following the hearing.  A written decision is prepared.

·       Decisions rendered by the Tribunal are based solely on the arguments presented, and evidence and exhibits recognized at the hearing.

·       The Fire Safety Commission has the power to render decisions to:

v        Confirm, amend or rescind the original order

v        Confirm, amend or rescind the order of the Fire Marshal under the first level of appeal

v        Make such other order as the Commission deems appropriate

v        Authorize an Inspector to do work

v        Review order to pay costs (on the respondent’s behalf)

·       Decisions from the Fire Safety Commission may be appealed to Divisional Court on any question that is not a question of fact alone.

 

 

Additional Information

·       Resolution prior to the hearing

·          Parties to the appeal/application are encouraged to continue discussion in an effort to reach agreement.

·          Mediation assistance can be requested from the Office of the Fire Marshal to facilitate discussion between the appellant and respondent in the case of an appeal.

·          Where a mutually agreed upon resolution is reached, the Commission Secretary must be contacted and written documentation submitted in order that the file may be closed.

·       Website

·          The Office of the Fire Marshal provides additional information related to the Fire Safety Commission on its website at www.ofm.gov.on.ca