The appellant appealed a decision of the Fire Safety Commission confirming an inspection order that required the appellant to remedy fire alarm audibility levels in its residential building.
The appellant argued the Fire Marshal lacked jurisdiction to issue the technical guideline used by the inspector and that the inspector fettered his discretion.
The Divisional Court applied a reasonableness standard of review and dismissed the appeal, finding the Fire Marshal had statutory authority to issue the guideline, the guideline was discretionary rather than mandatory, and the Commission reasonably concluded the inspection order was necessary to ensure fire safety.
