Tribunals ontario
Fire Safety Commission
TRIBUNAUX DÉCISIONNELS ONTARIO
Commission de la sécurité-incendie
Appeal under subsection 26(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 on direct referral by the Fire Marshal to the Fire Safety Commission
Between:
Luigi and Silvana Iammarino
Appellants
and
Oshawa Fire Services
Respondent
DECISION AND ORDER
PANEL: Avril A. Farlam, Vice Chair Ashley Deathe, Member
Martin Forget, Member
APPEARANCES:
For the Appellants: Luigi and Silvana Iammarino, Self-represented
For the Respondent: Inspector Carson Ryan
Heard by teleconference: October 3, 2022
OVERVIEW
1Luigi and Silvana Iammarino (the “appellants”) own the property at 563 Lansdowne Drive, Oshawa Ontario (the “Building”). Following his inspection of the Building on April 4, 2022, the appellants were served with an Inspection Order issued by Inspector Carson Ryan (the “Inspection Order”) of the Oshawa Fire Services (the “respondent”) .
2The building is a two storey plus a basement multi-unit residential building containing a total of five dwelling units, four units above grade and one unit in the basement.
3The Inspection Order was issued pursuant to clause 21(1)(g) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 (the “FPPA”) and requires corrections to comply with the Ontario Fire Code (the “OFC”) summarized as follows:
a. Provide a minimum of two exits on each floor (OFC 9.5.3.2);
b. Construct 30-minute rated fire separations such that the two existing “open” exit stairs are separated from the remainder of the building and from each other (OFC 9.5.3.3.(2));
c. Closures in the fire separations constructed in accordance with 9.5.3.3 shall have a minimum 20-minute fire-protection rating. If the door is installed to swing in the direction of exit travel, it shall open over a landing (OFC 9.5.2.8(2));
d. Closures in the stairway fire separations shall be equipped with self-closing devices (OFS 9.5.3.3.(3));
e. Install fire detection devices at the top of each stair shaft and connect to the building fire alarm system (OFC 9.5.4.3.(2)).
4The compliance date in the Inspection Order was July 11, 2022.
5The appellants appealed the Inspection Order to the Fire Marshal on grounds summarized as follows: a) adding doors within the stairs would make it difficult for tenants to bring things up and down; b) it would be difficult for the owners to bring appliances into the apartments; c) in an earlier fire inspection, the inspector allowed fire horns to be installed instead of adding doors with self-closing devices.
6The Fire Marshal referred the appeal directly to the Fire Safety Commission (the “Commission”) pursuant to s. 25(4)(a) of the FPPA.
ISSUE
7Should the Commission confirm, amend or rescind the Inspection Order?
RESULT
8The Commission confirms the Inspection Order but amends the compliance date at the request of the respondent to 90 days from the date of release of this decision.
THE LAW
9The Commission is a statutory tribunal which derives its authority to hear appeals from the [FPPA](https://www.canlii.org/en/on/laws/stat/so-1997-