OFSC 2016

The Kingston Fire and Rescue Services (KFRS) issued an Inspection Order requiring the Algonquin and Lakeshore Catholic District School Board to construct a fire separation in a school's stairwells.

The School Board appealed the order but completed the required work prior to the appeal's final disposition.

KFRS brought a motion to dismiss the appeal on the grounds of mootness.

The Fire Safety Commission denied the motion, finding that the live controversy regarding KFRS's authority to issue the order remained unresolved.

The Commission further held that even if the matter were moot, it would exercise its discretion to hear the appeal due to the important public safety issues and broader implications for other schools.

The appellant appealed a Fire Marshal Review Decision upholding Inspection Orders issued by the Hamilton Fire Department following a fire at his rental property.

The property, originally a two-bedroom house, had been renovated without permits to contain nine bedrooms and two kitchens, occupied by university students.

The appellant argued the building was an individual dwelling unit exempt from certain Fire Code requirements.

The Fire Safety Commission found insufficient evidence of a single tenancy or collective decision-making to classify the property as a single dwelling unit.

The Commission concluded the property operated as a lodging house and that the ordered fire safety measures, including fire separations and a second basement exit, were necessary to ensure fire safety.

The appeal was dismissed and the Review Decision was confirmed with amended compliance dates.

The appellant appealed a Review Order made by the Fire Marshal's Delegate regarding fire safety measures at an apartment building.

The original Inspection Order required the appellant to clean a stove and replace smoke detectors with heat detectors due to frequent false alarms caused by tenants smoking and cooking.

The Review Order modified this to only require replacing the smoke detector in one unit.

The Fire Safety Commission found that the frequent false alarms caused tenant complacency and increased the risk of tampering, posing a fire safety issue.

The Commission amended the Review Order to require the replacement of smoke detectors with heat detectors in all bedrooms on each floor of the premises.

The appellant appealed a review decision upholding an inspection order that required him to remove excessive combustible materials (hoarding) from his home.

The appellant argued the inspection violated Charter values due to alleged harassment, that hoarding is not a fire safety issue, and that he had since complied with the order.

The Fire Safety Commission dismissed the appeal, finding no evidence of harassment, that hoarding poses a significant fire safety risk to occupants and first responders, and that subsequent compliance does not invalidate the original order.

The appellant appealed a Review Decision by an Ontario Fire Marshal Delegate upholding an Inspection Order issued by Toronto Fire Services.

The order required the installation of interconnected smoke alarms, fire protection features for openings near fire escapes, and a fire-rated furnace room door at the appellant's residential building.

The Fire Safety Commission found that the building accommodated more than 10 residents and was a three-storey building, meaning it did not qualify for exceptions under the Fire Code.

The Commission confirmed the required measures as necessary to ensure fire safety and amended the compliance dates.