Asad Ali Moten

The appellant appealed four Review Orders confirming Inspection Orders that required the appellant to apply thermal protection to spray-foam insulation and to repair or decommission an inoperable sprinkler system.

The Fire Safety Commission found that the spray-foam insulation required thermal protection under the Building Code to ensure fire safety.

The Commission also held that the Fire Code requires the sprinkler system to be maintained in operating condition unless decommissioned through an approved process, regardless of how long it had been inoperable.

The Review Orders were confirmed with amended compliance dates.

The appellant appealed an Inspection Order requiring it to remedy the audibility levels of the fire alarm system in its older residential building.

The appellant argued that the Office of the Fire Marshal exceeded its jurisdiction in creating the audibility Guideline, and that the Fire Department unlawfully fettered its discretion by treating the Guideline as a mandatory regulation.

The Fire Safety Commission found that the OFM had the statutory authority to issue the Guideline, the Guideline was permissive rather than mandatory, and the Fire Department appropriately exercised its discretion.

The Commission concluded that the Inspection Order was necessary to ensure fire safety and confirmed the order.

The appellant, operating an addiction recovery centre, appealed four inspection orders issued by the respondent fire department.

The orders required the installation of smoke and carbon monoxide alarms, the submission of a fire safety plan, and the remediation of various Fire Code contraventions including damaged fire separations and obstructed means of egress.

The Fire Safety Commission confirmed the requirement for smoke alarms and a fire safety plan, finding them necessary to ensure fire safety regardless of the building's specific occupancy designation.

The Commission also confirmed most of the Fire Code remediation measures, but rescinded the requirement for a carbon monoxide detector and a metal dryer vent, and amended certain measures relating to fire separations and egress obstructions.