Fire Safety for Vulnerable
Occupants
Application and Enforcement
Ministry of Community Safety and Correctional Services
History
Ministry of Community Safety and Correctional Services
Overview
• New Regulations and FM Directives
• Compliance dates
• Application
• Enforcement
Ministry of Community Safety and Correctional Services
Regulations
 150/13 – Amended O. Reg. 213/07 (Fire Code)
 364/13 – Mandatory Inspection and Fire Drill in
Vulnerable Occupancy
 365/13 – Mandatory Assessment of Complaints
and Requests for Approval
Effective January 1, 2014
Ministry of Community Safety and Correctional Services
Regulations
Applies:
 Retirement Homes regulated under the Retirement
Homes Act (RHA)
 Care Occupancies (e.g. some types of group homes
and supportive housing)
 Care and Treatment Occupancies (e.g. long-term care
homes)
Ministry of Community Safety and Correctional Services
Regulations
Challenges for the Fire Service
• Determining the correct classification of an
occupancy to ensure the correct
application of the new regulations
• Completing the observation of the annual
drill and inspection by January 1st, 2015
Ministry of Community Safety and Correctional Services
Regulations
O. Reg. 364/13
• Annual Fire Safety Inspection to be done
• Annual Fire Drill observed by Inspector based
on lowest supervisory staffing levels
• Information on both to be filed with OFMEM
Ministry of Community Safety and Correctional Services
Regulations
O. Reg. 365/13
• Complaints and requests for approval must be
assessed to determine if inspection is necessary
• If assessment of complaint/ request for approval
results in inspection of a care, care and
treatment or retirement occupancy the info must
be filed with OFMEM
Ministry of Community Safety and Correctional Services
Regulations
O. Reg. 150/13
• Amended O. Reg. 213/07
• Changes to all Divisions A, B, C
• Requirements phased in over time
Ministry of Community Safety and Correctional Services
Fire Code
O. Reg. 213/07 Amended
Ministry of Community Safety and Correctional Services
Fire Code, Amended
• Div. A- Definitions, new and revised
• Div. B- Section 2.8 Fire Safety Planning
- Section 9.4 Health Care Facilities
- Section 9.7 NEW for a Care Occupancy
and or Retirement Home
• Div. C- Section 1.2 Qualifications
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 2.8
• Fire Safety Plan required for care occupancies,
care and treatment occupancies and now
retirement homes regulated under Retirement
Homes Act, 2010.
• Previously required for care occupancies and
care and treatment occupancies
Compliance date: January 1st, 2014
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 2.8
• Training of supervisory staff must be recorded
in buildings containing care occupancies, care
and treatment occupancies and retirement
homes
• Retain records of training
Compliance date: January 1st, 2014
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 2.8
Sufficient supervisory staff required in care
occupancies, care and treatment occupancies
and retirement homes to carry out the duties
outlined in the fire safety plan.
*Previously required in Care occupancies and
care and treatment occupancies.
• Compliance date: January 1st, 2014
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 2.8
Owners must conduct an annual fire drill for a
scenario that is approved by the Chief Fire
Official in:
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Care occupancies
Care and treatment occupancies
Retirement homes
In effect January 1st, 2014
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 2.8
• The scenario must depict the lowest staffing
level complement
• The fire drill is intended to confirm compliance
with Div. B. Sentence 2.8.2.2.(1)
• Owner must notify Chief Fire Official of fire drill
within time frame previously agreed to
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 9.4
Sprinkler protection is required for existing:
• Homes for Special Care (where sleeping
provided >10) that is a care/care & treatment
occupancy
• Long-Term Care Homes
Compliance date: January 1, 2025
Ministry of Community Safety and Correctional Services
Fire Code Div. B Section 9.7
Care Occupancy and Retirement Home
Ministry of Community Safety and Correctional Services
Care Occupancy/Retirement Home
• Retrofit sections 9.5 and 9.6 for residential buildings**
• Self-closing devices *
• Emergency lighting
• Fire alarm monitoring
• Notification to fire department where sprinkler system is activated
• Sprinklers
• Smoke alarms in suites/dwelling units, and
• Voice communication, where applicable
Ministry of Community Safety and Correctional Services
Care Occupancy/Retirement Home
• January 1, 2014
• Approved Fire Safety Plan for Retirement Home
• March 1, 2014
• Smoke alarms in each suite/sleeping room
• January 1, 2015
• Emergency lighting
• Fire alarm monitoring
• Fire department notification on sprinkler activation
• January 1, 2016
• Self-closing devices
• Voice communication, where applicable
• January 1, 2019
• Sprinkler buildings
Ministry of Community Safety and Correctional Services
Care Occupancy/Retirement Home
OFC Retrofit Section 9.7 does not apply:
• Retirement Home that meets OBC after
January 1, 2014
• Care Occupancies that meet OBC after April 6,
1998
.
Ministry of Community Safety and Correctional Services
Care Occupancy/Retirement Home
Zoning for occupancy type; may be an issue.
• Fire departments to ensure interim fire safety
measures as appropriate are in place, until
zoning issues are sorted out.
Examples:
• Installation of smoke alarms
• Fire watch
• Installation of closures
Ministry of Community Safety and Correctional Services
Fire Code Div. C Qualifications
• Every person who is required to implement the
provisions of Section 2.8 in a care occupancy, care and
treatment occupancy or retirement home must
successfully complete a course acceptable to the Fire
Marshal .
• Every Chief Fire Official who is responsible for
approving fire safety plans in a care occupancy, care
and treatment occupancy or a retirement home must
have successfully complete a course acceptable to the
Fire Marshal
Compliance date: January 1, 2017
Ministry of Community Safety and Correctional Services
Fire Marshal Directives
FM Directives, 2014-001, 2014-002, 2014-003
Ministry of Community Safety and Correctional Services
FM Directives
Applies:
To all assistants to the Fire Marshal.
Assistants to the Fire Marshal are:
- The fire chief of every fire department (FD)
- The clerk of every municipality with no FD
- Any member of a fire prevention bureau
- Every person designated by the Fire Marshal
Ministry of Community Safety and Correctional Services
Enforcement
• FPPA Part 7, Section 28 (1):
Every person is guilty of an offence if he/she:
(d)Refuses or neglects to obey or carry out the
directives of the Fire Marshal as an assistant to
the Fire Marshal or a Fire Chief given authority
under this Act.
Ministry of Community Safety and Correctional Services
FM Directives
• 2014-001: Registry of Vulnerable Occupancies
• 2014-002: Vulnerable Occupancies – Fire Drill
Scenarios, Fire Drill Observations,
Fire Safety Inspections
• 2014-003: Inspections of All Buildings
Effective January 1,2014
Ministry of Community Safety and Correctional Services
FM Directive 2014-001
• Directs Assistants to the Fire Marshal to file
information prescribed in O. Reg. 364/13 and O.
Reg. 365/13 be filed no later than by the end of
the month following the date in which the fire
safety inspection has been completed.
Ministry of Community Safety and Correctional Services
FM Directive 2014-002
Part 1
When contacted by the owner, the Chief Fire Official
Approves;
• A scenario representing the lowest staffing level
complement that determines:
i. The time available for staff to respond to the room of
fire origin, remove occupant(s) and close the door to
the room
ii.The time available after closing the room door for
staff to evacuate residents/patients from the zone or
floor area containing the room of fire origin to the
next point of safety
Ministry of Community Safety and Correctional Services
FM Directive 2014-002
Part 2
Directs Assistants to the Fire Marshal to observe a fire drill
to determine if there is sufficient staff:
a) To respond to the room of fire origin, remove occupant(s) from
the room and close the room door within the time approved;
b) To evacuate residents/patients from the zone or floor area
containing the room of fire origin to the next point of safety,
within the time approved;
c) To carry out other duties in the approved fire safety plan that
may be necessary within the context of the fire drill.
Ministry of Community Safety and Correctional Services
FM Directive 2014-002
Part 3
Directs Assistants to the Fire Marshal to conduct
an annual fire safety inspection for every care
occupancy, care and treatment occupancy and
retirement home, to assess compliance with the
Fire Code.
**Estimated in excess of 4000 in Ontario**
Ministry of Community Safety and Correctional Services
FM Directive 2014-003
Directs Assistants to the Fire Marshal;
Fire safety complaints and requests for
assistance to comply with the Fire Code
where the involvement of the Chief Fire
Official is required shall be assessed and a
fire safety inspection undertaken if
necessary.
Ministry of Community Safety and Correctional Services
Fire Safety for
Vulnerable Occupants
Enforcement Options
Ministry of Community Safety and Correctional Services
Enforcement- FPPA
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Section 15: Immediate Threat to Life
Subsection 20. (1) Entry Warrant
Section 21: Inspection Orders
Subsection 21. (2): Order to Close
Subsection 21. (3): Electrical Order
Subsection 32 (1) Compliance Order
Subsection 33.(1) Fire Marshal carry out Inspection Order
Section 35: Cost Recovery
POA Part 3 Charges OFC contraventions
Ministry of Community Safety and Correctional Services
Enforcement-FPPA
Inspection Orders - FPPA SS 22.(2)
• If repairs, alterations or installations are carried out in
compliance with order under
• SS 21.(1), or for the purposes of complying with the fire
code … shall be deemed not to contravene the building
code (e.g. Sprinkler standard, or fire separation
requirements)
Inspection Orders - FPPA SS 22.(3)
• Copy of Inspection Order to Building Department
Ministry of Community Safety and Correctional Services
Enforcement FPPA
May be issue if area is not zoned for occupancy
type; may affect issuance of building permit
(Conditional permit may apply)
• If so, fire department needs to ensure fire safety
measures are in place, until zoning issues are
sorted out
• Must communicate to owner that Retrofit, or
other measures does not imply that zoning is
acceptable
Ministry of Community Safety and Correctional Services
Enforcement FPPA
When there is a zoning issue, inspection orders
that may have been issued under Section 21 of
the FPPA can be granted a conditional permit by
the CBO in order to be able comply with the
inspection orders.
As per the FPPA, SS 21. (1) FSI orders are
deemed not to contravene the building code.
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Copy of order:
• requiring repairs, alterations or installations to be made
to a building shall be given to the chief building official
Contents of order shall set out:
• the reasons for the order;
• an explanation of the action required by the order;
• the time within which the owner or occupant must comply with the
order; and
• the right to request a review of the order by the Fire Marshal or in
the case of an order made by the Fire Marshal, the right of appeal to
the Fire Safety Commission
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Service of order
• A copy of an order made under section 21 shall be
served upon the owner and any occupant of the land and
premises.
Same, multi-unit building
• In the case of an order respecting a building that
contains two or more units intended for separate
occupancy, the order shall be deemed to be served upon
the occupants of the building if a copy of the order is
posted in a conspicuous place in or outside the building.
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Review of inspection order by Fire Marshal
• A person who considers themselves aggrieved by an order may,
within 15 days after the order is served, submit a written request to
the Fire Marshal for a review of the order.
Order stayed by application for review
• An application made for a review operates as a stay of the order
pending the outcome of the review.
Lifting of stay
• The Fire Marshal may order that the stay of the order be lifted if, in
their opinion, the action is necessary in the interest of public safety.
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Appeal to Fire Safety Commission
• Any person may appeal the order by the Fire Marshal to the Fire Safety
Commission within 15 days after the order is served.
Order stayed by appeal
• An appeal under operates as a stay of the order pending the review.
Lifting of stay
• The Fire Safety Commission may order that the stay be lifted if, in its opinion,
the action is necessary in the interest of public safety.
Appeal to Divisional Court
• Any party to the hearing before the Fire Safety Commission may the decision of
the Commission to the Divisional Court in accordance with the rules of court on
any question that is not a question of fact alone.
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Warrant authorizing entry
• A justice of the peace may issue a warrant authorizing
an inspector to enter on lands or premises if the justice
of the peace is satisfied that there are reasonable
grounds to believe that entry on the lands or premises is
necessary to assess fire safety and,
• (a) the inspector has been denied entry to the lands or
premises; or
• (b) there are reasonable grounds to believe that the
inspector will be denied entry to the lands or premises .
Ministry of Community Safety and Correctional Services
Enforcement FPPA
Offences
Ministry of Community Safety and Correctional Services
Offences
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28. (1) Every person is guilty of an offence if he or she,
(a) hinders, obstructs or interferes with the Fire Marshal, an assistant to the
Fire Marshal or a fire chief in the exercise of his or her powers and duties;
(b) prevents an inspector from entering land or premises under section 19
or 20, refuses to answer questions on matters relevant to the inspection or
provides the inspector with information, on matters relevant to the
inspection, that the person knows, or ought reasonably to know, to be false
or misleading;
(c) subject to subsection (2) contravenes any provisions of this Act or the
regulations; or
(d) refuses or neglects to obey or carry out the directives of the Fire
Marshal, an assistant to the Fire Marshal or a fire chief given under the
authority of this Act. 1997.
Ministry of Community Safety and Correctional Services
Offences
Penalty
• (3) An individual convicted of an offence under subsection (1) is
liable to,
• (a) in the case of an offence other than one described in clause (b),
a fine of not more than $20,000 or imprisonment for a term of not
more than one year, or both; and
• (b) in the case of an offence for contravention of the fire code, a fine
of not more than $50,000 or imprisonment for a term of not more
than one year, or both. 2005, c. 33, s. 8.
• Same
• (4) A corporation convicted of an offence under subsection (1) is
liable to a fine of not more than $100,000. 2005, c. 33,
Ministry of Community Safety and Correctional Services
Offences
Offence, director or officer of corporation
• (5) A director or officer of a corporation who knows that the
corporation is violating or has violated a provision of the fire code is
guilty of an offence and on conviction is liable to a fine of not more
than $50,000 or to imprisonment for a term of not more than one
year, or to both.
• Liability of directors
• (6) Despite subsections (1) and (3), every director or officer of a
corporation who knowingly commits an offence under subsection (1)
is guilty of an offence and on conviction is liable to a fine of not more
than $50,000 or to imprisonment for a term of not more than one
year, or to both.
Ministry of Community Safety and Correctional Services
Offences
Offence, removal of posted notice
• 29. Any person who removes a copy of an order or of a
notice posted without the approval of the Fire Marshal,
an assistant to the Fire Marshal or a fire chief is guilty of
an offence and on conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not
more than one year, or to both.
Ministry of Community Safety and Correctional Services
Offences
Offence, failure to comply with inspection order
• 30. Every person who fails to comply with an order
is guilty of an offence and on conviction is liable to a
fine of not more than $20,000 for every day during
which the default continues, and the imposition or
payment of the fine does not relieve the person
from complying with the order.
Ministry of Community Safety and Correctional Services
Implementation
• OFMEM assistance with appropriate enforcement and
application of FPPA and Fire Code to ensure fire safety:
- Fire Safety Inspection Orders
- Entry Warrants
- Part 3 Charges
• OFMEM continued development of training workshops,
resources, guidelines, stakeholder relations
Ministry of Community Safety and Correctional Services
Questions
Ministry of Community Safety and Correctional Services