FIRE SAFETY COMMISSION
Tribunals Ontario
COMMISSION DE LA SÉCURITÉ-INCENDIE Tribunaux décisionnels Ontario
Appeal under section 26(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4.
Between:
2416300 Ontario Inc. Appellant
and
Cornwall Fire Services Respondent
DECISION AND ORDER
PANEL: Susan Clarke, Vice-Chair Rocco Iamello, Member Paul Stopciati, Member
APPEARANCES: For the Appellant: Daniel Orr, Director of 2416300 Ontario Inc. For the Respondent: Emma Blanchard, Counsel
Held by videoconference: April 21, 2023
OVERVIEW
1Daniel Orr, a Director of 2416300 Ontario Inc. (“appellant”) appeals Fire Marshal’s Review Decision FM-21297C (“Review Decision”) dated December 9, 2022, which amended Item 10 of an Inspection Order served on the appellant on December 10, 2021 by Inspector Frank McNeely of Cornwall Fire Services (“respondent”).
2Inspector McNeely inspected the buildings owned by the appellant located at 510-520 Second Street East, in Cornwall, known as the Care Centre (“Buildings”) on September 15 and 24, 2021. Inspector McNeely identified a number of Fire Code1 contraventions in the Hospital Building and issued an Inspection Order (“Order”) to the appellant.
3The Inspection Order (“Order”) was issued pursuant to clause 21(1)(g) of the Fire Protection and Prevention Act, 19972 (“FPPA”) which deals with correcting contraventions of the Fire Code. Item 10 of the Order referenced OFC Sentence 6.7.1.1.(1), Division B and required the appellant to:
Inspect, test, and maintain the emergency power system in conformance with CSA-C282 “Emergency Electrical Power Supply for Buildings3”.
4The Order noted that the action ordered was necessary because the emergency power supply was not operational at the time of the September 2021 inspections. Compliance was ordered by February 28, 2022.
5The appellant requested a Fire Marshal Review of Item 10 of the Order, and of Item 5 which is not in this appeal. In the Fire Marshal’s Review Decision and Order (“Review Decision”) issued on December 9, 2022, the Fire Marshal Amended Item 10, adding alternative compliance as follows:
“Alternatively, a request to decommission the emergency power system can be submitted for Cornwall Fire Services for approval”.
The Fire Marshal amended the compliance date to March 10, 2023.
6In its review of Item 10, the Fire Marshal acknowledged that the applicant indicated that the emergency power system is not required, and battery backup was installed instead of the emergency power. However, the Fire Marshal stated, “any existing fire protection equipment and life safety system is required to be maintained unless it is approved by the Chief Fire Official for decommissioning or be permanently taken out of service”, referencing OFC Article 6.9.1.1., Division B. The Fire Marshal further stated, “it is the authority of the Chief Fire Official to approve the decommissioning of the emergency power and further discussion between the Applicant, Inspector and the Chief Fire Official would be needed for this option.”
7The appellant asks the Fire Safety Commission (“Commission”) to rescind the Review Decision. It further requests that if the Commission orders that it decommission the emergency power generator, that the compliance date be set for three years from now.
8The respondent asks the Commission to confirm the Review Decision, which amended the Order to provide the option of decommissioning the emergency power generator.
PRELIMINARY ISSUES
9Prior to the hearing, four preliminary issues were raised by the parties. The Commission issued its Rulings on these orally at the beginning of the hearing for the reasons that follow.
10The respondent made an objection to the appellant’s witness Jeremiah Point being heard as an expert witness. The objection was dismissed as the appellant did not have Mr. Point testify at the hearing.
11The appellant objected to the respondent’s late filing of materials, on April 11, 2023 instead of March 28, 2023 as initially ordered by the Commission. The respondent submitted that on March 28, 2023 it wrote to the Commission and copied the appellant confirming its intention to withdraw two of the three matters before the Commission and proposing adjournment of two of the three scheduled hearing dates. The letter suggested a timetable for documentary production with a deadline of April 11, 2023 for the respondent. The appellant responded to the proposal on April 11, 20