David Hopper

The Kitchener Fire Department applied for an order under section 33(1) of the Fire Protection and Prevention Act, 1997, authorizing it to complete work required by two previous inspection orders issued to the respondent property owner.

The respondent had failed to comply with the orders, which addressed numerous Fire Code violations in an eight-unit residential building, citing financial constraints.

The Fire Safety Commission found sufficient grounds under section 33(4) of the Act, noting the outstanding items posed a severe threat to life and safety, and granted the order authorizing the applicant to carry out the work.

The appellant appealed a Review Decision of the Fire Marshal's delegate that upheld an Inspection Order requiring the removal of excessive combustible materials from her residential unit.

The appellant argued that the 30-day compliance period was unfair given her health problems.

The Fire Safety Commission found that the excessive combustible materials created a severe fire safety hazard and that the appellant had been given ample time to comply.

The Commission upheld the order with specific directions for clearing combustibles and providing access to exits, setting a new compliance date.