2 total
Fire inspection order rescinded for improperly relying on zoning issues rather than specific Fire Code violations.
The appellants appealed an Inspection Order issued by the Kitchener Fire Department under the Fire Protection and Prevention Act.
The order alleged that the appellants' nine-bedroom student rental property violated the Ontario Fire Code by creating a hazard not allowed for in the original design.
The Fire Safety Commission found that the Inspection Order failed to provide valid reasons related to fire safety or specific Fire Code violations, improperly relying instead on zoning and building code issues outside the Commission's jurisdiction.
The Commission rescinded the Inspection Order.
Motion to lift stay of fire safety order denied; insufficient evidence of public safety necessity.
The Kitchener Fire Department brought a motion to partially lift the stay of an inspection order regarding a single-family dwelling with nine student tenants.
The property owners had appealed the order, which automatically stayed it.
The Fire Department sought to prevent new tenants from moving in before the appeal hearing, citing public safety concerns due to unauthorized bedrooms.
The property owners did not attend the motion hearing.
The Fire Safety Commission dismissed the motion, finding insufficient evidence that lifting the stay was necessary in the interest of public safety, especially given the upcoming appeal hearing and the five-month compliance period originally granted.
