Introduction and Overview
Fire Safety Commission Decision Summaries
INTRODUCTION
The Fire Code Commission was established on December 1, 1983, under the Fire Marshals Act to provide an avenue of appeal for any person who considers him or herself aggrieved by a specific Order. Now known as the Fire Safety Commission under the Fire Protection and Prevention Act, 1997 (FPPA) , the Commission continues as an independent body, that ensures that any person(s) receives due process of law.
The Fire Safety Commission conducts hearings on matters brought before it to obtain a full and fair disclosure of facts relating to matters in dispute between a person and a fire official. Disputes, which arise from discretionary requirements under the FPPA, 1997 or the Ontario Fire Code, may be between occupants, building owners or agents of building owners, and the Chief Fire Official, an Assistant to the Fire Marshal who served the Order, or the Fire Marshal. At the conclusion of a hearing, the Fire Safety Commission issues a Decision which is a ruling on the dispute.
Members of the Fire Safety Commission
The Fire Safety Commission consists of 20 members who are appointed by the Lieutenant Governor in Council. Members cannot be employed in the public service of Ontario or a municipality. Each member serves for a period of one, two or three years and up to one-third of the membership is filled every year. Three members of the Commission constitute a quorum for a hearing.
Current membership represents four major groups: "user", "general interest", "fire service" and "environmental". Each member of the Fire Safety Commission possesses a broad range of skills and knowledge about the principles of fire safety and the methods and materials of building construction. This range of knowledge and expertise is essential to the Fire Safety Commission and its ability to function effectively.
The FPPA enables the fire service to address potential consequences of fire on the environment and public safety. These powers have increased the complexity of the Commission's mandate and have also increased the impact of the Commission's decisions on the fire and life safety of owners/occupants, property and the environment. To assist with the increase in complexity and environmental issues, members with strong environmental backgrounds have been appointed.
The Office of the Fire Marshal (OFM), Ministry of Community Safety and Correctional Services, provides a Co-ordinator / Administrative Assistant to record the proceedings and the decisions of the hearings as well as to perform the administrative functions for the Commission.
The various powers of the Commission are set out in the following subsections of the Fire Protection and Prevention Act :
| 26(3) | The Fire Safety Commission may, upon application by a person referred to in subsection (1), extend the time for appealing an order if it is satisfied that there are apparent grounds for granting the appeal and that there are reasonable grounds for applying for the extension and may give directions that it considers proper consequent upon the extension. |
| 26(5) | If an application is made under subsection (1) or if a matter is referred to the Fire Safety Commission by the Fire Marshal under clause 25 (4) (a), the Commission shall appoint a time for and hold the hearing. |
| 26(6) | The Fire Safety Commission may confirm, amend or rescind the order of the Fire Marshal or make such other order as the Commission deems appropriate. |
| 26(7) | An appeal under subsection (1) operates as a stay of the order pending the outcome of the appeal. |
| 26(8) | The Fire Safety Commission may, upon application therefore by an inspector or the Fire Marshal, which may be made without notice, order that the stay of the order be lifted if, in its opinion, the action is necessary in the interest of public safety. |
| 33(2) | Upon receiving an application under subsection (1), the Fire Safety Commission shall appoint a time for and hold a hearing. |
| 33(3) | If an application is made under this section and an appeal is made under section 26 in respect of the same order, the Fire Safety Commission may, if it considers it practical to do so, consolidate the hearings. |
| 33(4) | The Fire Safety Commission may authorize the inspector to cause to be
done any thing required to be done by an order made under subsection 21(1)
or (2) or section 25 or 26 if,
(a) the person required by the order to do the thing,
(b) in the Commission’s opinion, failure to do the thing would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it. |
| 33(5) | The Fire Safety Commission may, in addition to authorizing an inspector
to cause to be done any thing required to be done by an order under
subsection 21 (1) or (2) or section 25 or 26,
(a) rescind the order; or (b) amend the order, or make such other order as the Commission deems should have been made under the relevant section, and order the inspector to do the thing in accordance with the amended order or the other order. |
| 33(6) | If the order amended or made under clause (5)(b) provides for the removal of any combustible or explosive material or any thing that may constitute a fire hazard, the Fire Safety Commission may also authorize the inspector to dispose of the material or thing. |
| 36(1) | A person to whom an order to pay costs is issued may, by written notice served on the person who issued the order and on the Fire Safety Commission within 15 days after service on the person of a copy of the order, require a hearing by the Commission. |
| 36(2) | At a hearing by the Fire Safety Commission on an order to pay costs, the Fire Marshal or an assistant to the Fire Marshal or a fire chief may, on reasonable notice to all parties, ask the Commission to amend the order by adding new items of cost or by increasing the amounts set out in the order. |
| 36(3) | At a hearing by the Fire Safety Commission on an order to pay costs, the
Commission shall consider only whether any of the costs specified in the
order,
(a) are unreasonable having regard to what was done; or (b) do not relate to a thing,
|
The Commission also has the authority to treat a refusal of a Schedule of Compliance or Life Safety Study under Sections 9.5, 9.6 and 9.8 of the Fire Code as it would a Fire Marshals Order.
Any persons who consider themselves aggrieved by an Order, a refusal of a Schedule of Compliance, or a Life Safety Study under Sentence 9.1.3.2.(9), 9.1.4.6.(8) or 9.1.4.7.(6) of the Fire Code may submit a written request to the Fire Marshal for a review. Upon review, the Fire Marshal may uphold, modify or rescind the Order, Schedule of Compliance or Life Safety Study. The Fire Marshal is not required to hold a hearing. Where the request involves an Inspection Order, it must be submitted within the period of time specified by Subsections 25(1) of the FPPA, 1997 or the request will be denied. Where the request involves a Schedule of Compliance or Life Safety Study, it must be submitted within the time specified in Sentence 9.1.3.2.(9), 9.1.4.6.(8) or 9.1.4.7.(6) of the Fire Code.
An application made under Subsection 25(1) of the FPPA, 1997 for a review by the Fire Marshal operates as a stay of the order pending the outcome of the review.
The Fire Marshal may, upon request therefore by an inspector, which may be made without notice, order that the stay of the order be lifted if, in his or her opinion, the action is necessary in the interest of public safety.
Any persons who consider themselves aggrieved by an Order to Pay Costs made by the Chief Fire Official or an Assistant to the Fire Marshal under the FPPA, 1997 may, within 15 days after the Order is made, apply to the Fire Safety Commission for a hearing.
Any person who feels aggrieved by the decision of a review by the Fire Marshal may, within 15 days after the decision is made, apply to the Fire Safety Commission for a hearing. The applicant may be an occupant, owner, or owner's agent to whom the Order was issued.
An appeal under Subsection 26(1) of the FPPA, 1997 to the Fire Safety Commission operates as a stay of the order pending the outcome of the appeal.
The Fire Safety Commission may, upon application therefore by an inspector or the Fire Marshal, which may be made without notice, order that the stay of the order be lifted if, in its opinion, the action is necessary in the interest of public safety.
A letter stating the address of the property and the issues in dispute should be sent to the Fire Safety Commission or the Fire Marshal, depending on whether an appeal hearing or a review by the Fire Marshal is desired.
Upon receipt of an appeal letter, a time and place for the hearing are set and notices are sent to everyone involved. A member of the Fire Safety Standards Section of the Office of the Fire Marshal is then assigned to inspect the property on behalf of the Fire Safety Commission. The resulting inspection report is made available for the hearing. For additional information, please check hearing procedure.
During the hearing, evidence from both sides is heard. Members of the Commission then evaluate this evidence and make a decision. Only those members present throughout the hearing may participate in making the decision. The Fire Safety Commission has the authority to rescind, amend or affirm the Order. In addition, it may substitute its opinion for that of the Fire Marshal where a review by the Fire Marshal has taken place.
Any person involved in an appeal may attend or be represented by legal counsel or an agent at a hearing. It should be noted that if persons are notified of the hearing, but do not attend, the hearing may still take place in their absence.
The Fire Safety Commission permits the inclusion of any oral testimony or any document or thing that is relevant, provided this evidence would be admissible in a court of law.
All parties involved in a dispute receive a copy of the decision and supporting reasons. Copies of decisions are available to the fire service, municipalities and building construction industry upon request. The OFM also publishes summaries of decisions in the Ontario Fire Service Messenger and on this Web site.
The decision of the Fire Safety Commission may be appealed to the Superior Court of Justice in accordance with the Rules of Court provided that the appeal is not on a question of fact alone. The Court may refer the matter back to the Commission for reconsideration or substitute its own opinion for that of the Commission.
Further information is available from:
| Decision Number | Date of hearing | Subject Matter |
|---|---|---|
| 2006RA001-147 | June 7, 2006 | An application for authorization to do work by fire department to provide a second means of egress on the residential floor on behalf of the owner of a mixed use residential, commercial and assembly building |
| 2004RA006-143 | October 27, 2004 | An application for authorization to do work by fire department to provide a second means of egress on the residential floor on behalf of the owner of a mixed use residential, commercial and assembly building |
| 2003A002-141 | September 18, 2003 | Inspection Order served on the owner of a building that was converted from a house to a seniors’ residence |
| 2002A008-140 | March 5, 2003 | Upgrading of exits and installation of fire alarm system in a building used for livestock auctions. |
| 2003A001-139 | February 25, 2003 | Rooming operation located in a high-rise building |
| 2002A007-138 | February 25, 2003 | Rooming operation located in a high-rise building |
| 2002A006-137 | February 25, 2003 | Rooming operation located in a high-rise building |
| 2002A005-136 | September 25, 2002 | Residential building ordered to be closed |
| 2001A006-135 | June 26, 2002 | Open burning of piles of brush and tree limbs on farm |
| 2001A004-134 | December 12, 2001 | Level of life safety within a residential building |
| 2001A003-133 | July 24, 2001 | Second means of egress for each office building floor |
| 2001A002-132 | March 29, 2001 | Fire-rated door in group home |
| 2000A003-131 | June 22, 2000 | Underground survival shelter |
| 2000A002-130 | May 12, 2000 | Rejection of a life safety study for a group home |
| 99A004-129 | March 23, 2000 | Safe outdoor storage of wood pallets |
| 99A005-128 | January 19, 2000 | Sound levels in the building that once were satisfactory need to be adjusted to the level considered acceptable today. |
| 99A002-127 | October 26, 1999 | Failure in having sufficient supervisory staff on duty in the building at all times in accordance with the Ontario Fire Code |
| 98A005-125 | February 2, 1999 | Modified Order requiring a second exit to serve a basement assembly area |
| 98A002-124 | August 13, 1998 | Inspection Orders encompassing items that contravene the Fire Code and the Building Code |
| 98A001-123 | May 28, 1998 | Demolition order upheld regardless of financial viability |
| Decision Number | Date of hearing | Subject Matter |
|---|---|---|
| 97A006-120 | October 16, 1997 | Immediate threat to life in an apartment building |
| 97A001-119 | June 5 , 1997 | Height and area limits on the storage of wood pallets |
| 97A005-117 | August 14, 1997 | No legislative minimum for fire alarm sound levels |
| 97A003-116 | June 10 , 1997 | Fire alarm system must meet the audibility level of 15dBA over ambient noise levels but with a minimum volume not less than 65dBA throughout the building |
| 97RA001-115 | June 3, 1997 | Grant fire department authorization to clean up former waste disposal site |
| 97A002-114 | April 28, 1997 | Emergency voice communication system in high-rise |
| 96A006-113 | November 7, 1996 | Fire separation retrofit in single storey building |
| 96A005-112 | September 24, 1996 | Fire separation retrofit in single storey building |
| 96A003-111 | July 11, 1996 | Retrofit work in high-rise buildings |
| 96A004-110 | June 19, 1996 | Retrofit work in high-rise buildings |
| 96A002-109 | April 2, 1996 | Order to pay costs on a tire storage facility |
| 95A007-108B | September 21 and October 31, 2000 | Reconsideration with respect to a Fire Safety Commission Decision |
| 95A005-107 | December 5, 1995 | Minimum of one elevator in each building be provided with a recall switch located at each CACF. |
| 95A006-106 | October 26, 1995 | Order to comply with Fire Code |
| 95RA001-105 | June 27, 1995 | Disposal of tires |
| 95A003-104 | April 21, 1995 | Demolish building and a request to lift a stay |
| 94A004-103 | February 9, 1995 | Order to Pay Costs (see decision no. 94RA001-100 for additional information) |
| 95A002-102 | March 31, 1995 | Demolish building |
| 95A001-101 | February 21, 1995 | Refusal of a request for an extension of time - 9.5 |
| 94RA001-100 | August 10, 1994 | Request for authorization to do work |
| 94A002-099 | August 9, 1994 | Removal of combustible materials |
| 93A011-098 | May 26, 1994 | Upgrade and maintain sprinkler system, secure building against unauthorized entry and cleanup debris and combustibles |
| 93A007-097 | November 25, 1993 | All exterior openings from grade |
| 93A005-096 | July 23, 1993 | Order to Pay Costs (see decision no. 91A001-071 for additional information) |
| 93A003-095 | July 7, 1993 | Life Safety Study - install a fire escape |
| 93A002-094 | June 11, 1993 | Order to Pay Costs (18.3) |
| 93A001-093 | June 2, 1993 | Install listed interconnected smoke alarm system, single station smoke alarms and a portable fire extinguisher |
| 92A027-092 | April 23, 1993 | Repair and maintain a sprinkler system |
| 92A026-091 | April 15, 1993 | Install a fire alarm and detection system, smoke alarms, exit signs, rated doors, and provide adequate separations |
| 92A024-090 | February 25, 1993 | Install fire separations, an additional exit from basement, rated doors with self-closing devices and self-illuminated exit signs |
| 92A019-089 | January 21, 1993 | Install rated doors with self-closing devices |
| 92A020-088 | January 15, 1993 | Install fire separations, a fire escape from the second floor, rated doors, exit signs and emergency lighting and upgrade fire alarm and detection system |
| 92A017-087 | January 8, 1993 | Install a fire alarm and detection system, emergency lighting, emergency exit signs and smoke alarms |
| 92A011-086 92A010-086 92A009-086 92A008-086 |
May 29, 1992 | Install rated doors, an interconnected smoke alarm system, a fire separation between the basement and first storey and emergency lighting |
| 92A007-085 92A006-085 92A005-085 92A004-085 |
May 29, 1992 | Install rated doors, an interconnected smoke alarm system, a fire separation between the basement and first storey and emergency lighting |
| 92A001-084 | April 30, 1992 | All partition walls and ceiling in basement to be rated construction and install rated doors |
| 92A003-083 | April 30, 1992 | Install fire separations and smoke alarms or install interconnected smoke alarms and make a partition continuous and install a rated door and fire extinguishers |
| 92A016-082 | April 14, 1992 | Install a fire alarm system and single station smoke alarms in each dwelling unit |
| 92A015-081 | April 9, 1992 | Repair damaged fire separations, install a means of egress, fire separations, rated doors with self-closing devices, exits signs and emergency lighting |
| 92A014-080 | April 9, 1992 | Repair or install fire separations, install rated doors, exit signs, a second exit, and remove excess combustibles |
| 92A012-079 | April 3, 1992 | Repair or demolish building |
| 92A013-078 | March 31, 1992 | Install solid core doors with self-closing devices, fire extinguishers and provide fire resistance rating on stairshaft |
| 92A002-077 | March 31, 1992 | Install interconnected smoke alarms, listed fire extinguishers on each floor, separate the stair serving the basement dwelling unit and provide that unit with a second means of escape |
| 91A006-076 | December 5, 1991 | Install an listed interconnected smoke alarm system |
| 91A002-075 | November 29, 1991 | Removal or protection of foamed plastic insulation in conformance with the Ontario Building Code |
| 91A007-074 | October 29, 1991 | Remove combustible materials |
| 91A005-073 | October 29, 1991 | Install an electrically supervised zoned fire alarm system, manual pull stations, smoke and heat detectors, a fire annunciator panel and a listed single station smoke alarm in each dwelling unit |
| 91A001-071 | June 20, 1991 | Remove excessive combustible storage from kitchen, discontinue use of "octopus" type extension cords, reduce the amount of combustible materials to 15,000 kg and repair self-closing devices in suite |
| 90A016-070 | May 28, 1991 | Install rated doors equipped with self-closing devices at various locations |
| 90A035-069 | May 28, 1991 | Install a fire alarm and detection system throughout the building |
| 90A020-068 90A019-068 90A018-068 90A017-068 |
May 9, 1991 | Install solid core doors with self-closing devices between apartments, a second means of egress from third floor to grade and provide adequate fire separations |
| 90A022-067 | February 27, 1991 | Install a second exit to ground level from the basement and interconnected smoke alarms |
| 90A021-066 | February 27, 1991 | Install a second exit from the attic, fire extinguishers and interconnected smoke alarms |
| 90A027-065 | February 14, 1991 | Removal of combustible materials |
| 90A029/30-064 | February 14, 1991 | Reduction of combustible materials and maintenance of a fire access route |
| 90A036-063 | February 13, 1991 | Accumulation of tires having bulk volume in excess of 300 cubic metres |
| 90A034-062 | October 11, 1990 | Order to Close |
| 90A013-061 | June 20, 1990 | Install a second exit to ground level from the basement, a fire extinguisher, an interconnected smoke alarm system, illuminated exit signs and provide a general inspection certificate from Ontario Hydro |
| 89A020-060 | June 20, 1990 | Install a second exit to ground level from the basement and the third floor attic, provide fire separation around the open stair and install a fire extinguisher, an interconnected smoke alarm system and illuminated exit signs |
| 89A006-059 | June 20, 1990 | Install a fire alarm system and single station smoke alarms |
| 89A018-058 | May 29, 1990 | Install an automatic fire extinguishing system in a paint spray booth |
| 89A019-057 | May 29, 1990 | Install an automatic fire extinguishing system in a paint spray booth |
| 89A012-056 | May 23, 1990 | Provide an approved and adequate water supply for all sprinkler systems, a siamese connection, exit doors swinging in the path of egress and approved exit doors with a travel distance of less than 45m |
| 89A011-055 | May 23, 1990 | Provide a fire department siamese connection and an approved and adequate water supply for all sprinkler systems |
| 89A021-054 | February 28, 1990 | Repair or demolish building |
| 89A008-053 | February 28, 1990 | Repair or demolish building |
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