A fire chief applied for an order under the Fire Protection and Prevention Act, 1997 requiring a commercial property owner to comply with an inspection order mandating installation of a sprinkler system and seeking injunctive relief prohibiting occupancy until compliance.
The respondent had appealed the order to the Office of the Fire Marshal, which upheld the sprinkler requirement but allowed submission of alternative fire protection measures prepared by a professional engineer for approval by the local fire department.
After the fire department rejected proposed alternatives, the applicant sought enforcement through the court.
The court held that the Fire Marshal’s decision improperly delegated final authority back to the fire department without a mechanism for further review, undermining procedural fairness.
The matter was referred back to the Office of the Fire Marshal to determine whether the respondent’s alternative measures constituted compliance.
