FIRE SAFETY COMMISSION
FILE: 9457/FSC
CASE NAME: Church v. Burk's Falls and District Fire Department
IN THE MATTER OF AN APPEAL UNDER SECTION 25(4) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, and the Ontario Fire Code, O. Reg. 213/07
Gerry Church
Appellant
-and-
Burk's Falls and District Fire Department
Respondent
ORDER AND REASONS
ADJUDICATORS:
Tammy O'Neill, Vice-Chair, Presiding Member
Jeroen Louwers, Member
Isaac Lallouz, Member
APPEARANCES:
For the Appellant:
Donald Cameron, Cameron Paralegal Services
For the Respondent:
Michael Miller, Counsel
Heard in Huntsville:
July 30, 2015
ORDER AND REASONS
I. ORDER
This hearing is an appeal by Gerry Church (the “Appellant”) of the Inspection Order made on January 27, 2015, by John Stark, an Assistant to the Fire Marshal with the Burk's Falls and District Fire Department, to the Fire Safety Commission (the “Commission”).
It is the decision of the Commission to uphold the Inspection Order as set out below.
II. BACKGROUND
Inspector Stark (the “Inspector”) of the Burk's Falls and District Fire Department conducted an inspection of the premises located on Katrine Road, Township of Armour, District of Parry Sound, Ontario, on January 27, 2015, and served an Order on the Appellant under the authority of section 21 of the Fire Protection and Prevention Act, 1997 (the “Act”). The Order was made pursuant to clause (g) of subsection 21(1) of the Act.
Under section 25 of the Act, the Appellant filed a request for a review of the Order, as received by the Fire Marshal on February 12, 2015.
The Order indicates the following reasons (extracted) for the work prescribed:
“The Vehicle/scrap metal salvage yard is in contravention of the Ontario Fire Code, O. Reg. 213/07, as amended”.
- The Order served by the Inspector identifies the following work to be done:
APPENDIX B – It is ordered that:
- Article 3.5.2.1. Piles that include combustible salvage shall be 3m from property lines, and not more than 3 m in height and 100 metres squared in area.
Direction:
a) Remove all combustible stored salvage 3 m from all property lines.
b) Piles of combustible stored salvage shall not be larger than 100 meters squared in area.
- Article 3.5.1.3. Gas tanks on vehicles to be salvaged shall be drained and ventilated prior to salvage operations.
Direction:
Drain and ventilate all vehicle gas tanks.
- Article 3.5.2.2. Piles of salvage material shall be separated by a clear space of 3m that is kept clear of grass and weeds.
Direction:
Provide a clear space of 3m between salvage piles which is kept clear of grass and weeds.
- Article 3.5.2.3. Tanks or drums shall be stored in piles separate from piles of other materials.
Direction:
Provide separate storage piles for tanks or drums away from other materials being stored.
The Order prescribed a compliance date of March 2, 2015.
On March 12, 2015, Susan Clarke, Fire Marshal Delegate referred the appeal to the Commission as provided under subsection (4) of section 25 of the Act.
III. POWERS OF THE COMMISSION
- The Commission may confirm, amend or rescind the Order or make such other order, as the Commission deems appropriate.
IV. ISSUE
- The issue the Commission must decide is whether the measures contained in the Order are necessary to ensure fire safety on the land and premises that are the subject of this appeal.
V. THE POSITION OF THE PARTIES
The Appellant
It is the position of the Appellant that the premises are not a vehicle/scrap metal salvage yard.
The Appellant’s position is that the premises are used as a public garage and repair shop. The Appellant resides on the property and his business is to repair vehicles and other items that can be repaired and sold.
The Appellant submitted evidence that he accepts items such as old vehicles, appliances, televisions, lawnmowers, tires, furniture, motors, gas tanks and scrap metal.
The Appellant submitted evidence that he is a hoarder but his business is to repair and restore items that can be sold and any items including, but not limited to, scrap metals, gas tanks and used tires that cannot be repaired or salvaged are sold to various recycling facilities and businesses on an ongoing basis. The Appellant submitted that he acquired used parts from salvage yards to repair customers’ vehicles or to provide customers with used parts so they can complete their own repair. The Appellant further submitted that the content of his yard was continuously turning over with new items being dropped off and selling of those items that cannot be repaired or salvaged.
The Appellant gave evidence that he was currently storing approximately 25 vehicles of which 6 were for his personal use and hoped to restore them in the future. The vehicles are stored without batteries, minimizing the risk of an electrical fire.
The Appellant gave evidence that he purchases used tires for repair of customers' vehicles and trailers. Reusable tires are stored on the property. The Appellant gave further evidence that he does not store tires that cannot be used again.
The Appellant gave evidence that he could not comply with the order because of the snow and therefore initiated the appeal. The Appellant further submitted that he did not intend to comply.
The Respondent
It is the position of the Respondent that the premises are being used as a vehicle/scrap salvage yard.
The Respondent submitted evidence that the property is 1.07 acres in size and contains a multitude of stored vehicles, storage trailers, scrap metal and tires scattered about. There is a 1 storey, 223 square metre, concrete block building on the property. The Appellant uses the building for an office and sleeping accommodation area.
The Respondent submitted photographic evidence, including aerial photographs, showing that most of the area contained a multitude of vehicles, scrap metal, tires, appliances, televisions, furniture, lawnmowers, bicycles, trailers and metal doors.
The Respondent submitted further evidence that there is a high probability of the vapour from gasoline in gas tanks of stored vehicles that could accumulate and be ignited from a nearby ignition source causing harm to persons and property.
The Respondent submitted further evidence that should a fire occur in the yard, it would not be accessible by emergency responders which could result in the fire spreading to nearby vegetation and properties and would cause harm to the Appellant and persons, property and emergency responders. The Respondent further submitted that the Home Improvement Store, which is approximately 200 feet from the subject premises, would also be at risk should a fire occur.
The Respondent referred to sections of the Act, in particular Section 3.5.2.1, which states:
Piles that include combustible salvage shall be 3 m from property lines and not more than 3 m in height and 100 meters squared.
and Section 3.5.2.3 that states:
Tanks or drums shall be stored in piles separate from piles of other materials.
- The Respondent gave evidence that organization of the accepted items being stored would assist the emergency responders should a fire occur. With items being stored all over the property and not clearly identified, it would pose a threat to the safety of the Appellant, the neighbouring property and fire emergency responders.
V. REASONS
The Commission accepts the evidence of the Respondent and notes, in particular, the evidence of the Inspector supplemented by photographs.
The Commission agrees with the Respondent’s interpretation of the Standard in the facts of this case and finds that the property is to be considered a vehicle/scrap salvage yard in terms of fire safety and that section 3.5.2 applies.
The Commission concludes that the measures contained in the Order are necessary to protect the safety of occupants and emergency responders in the event of a fire emergency and are necessary to ensure fire safety on the land and premises that are the subject of this appeal.
VI. ORDER
- The Commission upholds the Order and amends the compliance date to require compliance by the Appellant no later than September 30, 2015.
Tammy O'Neill, Vice-Chair, Presiding Member
Jeroen Louwers, Member
Isaac Lallouz, Member
Issued: August 25, 2015