Peacock v. Toronto Fire Services, 2021 ONFSC 8

1The Appellant, Gregory Peacock, requested a review of an Inspection Order to the Ontario Fire Marshal pursuant to section 25 of the FPPA on the basis that the work required in the April 30, 2021 Order is redundant or conflicts with the Decision and Order issued by the Fire Safety Commission (the “Commission”) dated February 10, 2021 which included a compliance date of September 7, 2021. The Appellant also submitted that the compliance option was satisfied on or before April 30, 2021 such that the Inspection Order was unnecessary.

2The Fire Marshal referred the matter to the Commission for a hearing pursuant to section 25(4)(a).

3On April 30, 2021, Inspector Ian Falkiewicz of Toronto Fire Services (the “Inspector”) served an inspection order (the “2021 Inspection Order”) upon the owner of 50 Howland Avenue, Toronto (the “Building”) citing s. 21(1)(g) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 (the “FPPA”). The 2021 Inspection Order required the third floor of the building be provided with a second exit, as required by Sentence 9.3.3.1.(1) of Division B of the Fire Code¹ (the “OFC”) and requiring all other applicable requirements in subsection 9.3.3. be met. A Compliance Option stated that the work ordered “may be considered to have been complied with if the upper residential unit consisting of the 2nd and third storey is reverted back to the original approved design as a single dwelling unit.” A compliance date of September 7, 2021 was given.

4On April 30, 2021 the Inspector also provided a letter to the Appellant, signed by District Chief Tracey Powell advising him that pursuant to the authority provided in clause 21(2)(b) of the FPPA, and as approved by the Fire Marshal, the third floor sleeping rooms were to be closed immediately for the reasons noted in the 2021 Inspection Order and until such time as it was complied with. A copy of the Fire Marshal’s authorization dated April 30, 2021 and signed by Assistant Deputy Fire Marshal Mary Prencipe of the Office of the Fire Marshal and Emergency Management (the “OFMEM”) was also provided.

5The Appellant, Gregory Peacock, co-owns the Building at 50 Howland Avenue in the City of Toronto with his spouse. The Building is a semi-detached 3-storey plus basement legal duplex residential building. The front entrance leads to a vestibule from which one door is the entrance to a residential unit comprising the first storey and basement (Unit 1); and the other door is the entrance to another residential unit comprising the second and third storeys (Unit 2). Each storey has two exits except the third storey.

6Unit 1 and Unit 2 are rented to tenants by the room. Unit 2 includes three bedrooms on the third floor, and a kitchen, living room, dining room, and bedroom