Corinn (Cory) Shantz

The Kitchener Fire Department appealed a decision of the Fire Marshal that rescinded an inspection order issued to Bingemans Inc. The original order prohibited the use of an open chain-driven pizza oven under a tent at an outdoor music festival, citing the risk of fire from grease-laden vapours.

The Fire Safety Commission confirmed the Fire Marshal's decision, finding insufficient evidence that the specific pizza cooking operation produced a significant amount of grease-laden vapours.

The Commission held that the risk could be controlled by other approved measures and exercised its broad discretion to order a specific fire protection and risk management protocol for future uses of the temporary pizza oven setup on the respondent's property.

The City of Kitchener Fire Department applied to the Fire Safety Commission for an order authorizing it to complete work required by an Inspection Order issued to the respondent apartment building owner.

The respondent had failed to comply with the order and was convicted in the Ontario Court of Justice, receiving a Probation Order to remedy the deficiencies.

The parties submitted Minutes of Settlement agreeing that the respondent would complete the work by January 19, 2016, failing which the Fire Department would be authorized to do so.

The Commission found the measures necessary for fire safety and granted the order in accordance with the settlement.