OFSC 2015

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.

The appellant appealed two Review Decisions upholding Inspection Orders regarding fire safety measures at a seniors' home.

The parties reached a Terms of Resolution prior to the hearing, agreeing to classify the buildings as care occupancies.

The Fire Safety Commission accepted the resolution, upholding and amending the orders to require the installation of a fully addressable fire alarm system, an interim fire watch, and the distribution of fire safety educational materials.

The appellant appealed an Inspection Order issued by the Burk's Falls and District Fire Department under the Fire Protection and Prevention Act.

The order required the appellant to comply with the Ontario Fire Code provisions for vehicle and scrap metal salvage yards, including organizing combustible salvage piles, draining gas tanks, and separating tanks and drums.

The appellant argued the property was a public garage and repair shop, not a salvage yard.

The Fire Safety Commission found that the property constituted a salvage yard in terms of fire safety and upheld the Inspection Order, concluding the measures were necessary to protect occupants and emergency responders.

The appellant appealed a Review Decision of the Fire Marshal's delegate that upheld an inspection order requiring the removal of an obstruction to sprinkler discharge caused by a newly constructed vestibule ceiling.

The appellant argued the vestibule did not interfere with water discharge and that sprinklers were not required for such a small area.

The Fire Safety Commission accepted the respondent's evidence that the vestibule ceiling obstructed the sprinkler system and created a fire safety hazard, confirming the Review Decision and ordering compliance.

The appellant appealed a Review Decision of the Fire Marshal's delegate upholding an Inspection Order requiring the reduction of stored combustibles to ensure clearance for sprinkler deflectors.

The appellant argued he was not personally responsible as he was not the renter, but an employee of the corporate tenant.

The Commission found the appellant had control over the contents and was a tenant.

The appellant abandoned the hearing after being refused permission to record it.

The Commission proceeded in his absence due to severe life safety hazards and upheld the Order, amending the compliance date.

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.

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 applicant fire department sought an order under section 33(1) of the Fire Protection and Prevention Act authorizing it to demolish a vacant building owned by the respondent.

The respondent had failed to comply with a prior inspection order requiring demolition.

The Fire Safety Commission found that the building was in extreme disrepair, frequently insecure, and occupied by trespassers, creating a high risk of fire that endangered public safety and first responders.

Concluding that the respondent was unlikely to comply promptly or competently, the Commission granted the application and authorized the applicant to demolish the building.

The appellant appealed a Review Decision of the Fire Marshal upholding an Inspection Order that required the removal of excessive combustible materials from his property to ensure safe egress.

The appellant argued that the inspector did not have the right to enter the premises.

The Fire Safety Commission found that the inspector had full authority to inspect the property under the Fire Protection and Prevention Act, 1997, having obtained a warrant.

The Commission accepted the respondent's evidence regarding the fire hazards and dismissed the appeal, confirming the order with an amended compliance date.