Inspection Orders vs Charging (Prosecution) Fire Protection and Prevention Act, 1997 Statues of Ontario, 1997, Chapter 4 (of the Statues) In order to ensure consistency in all OFM documents, materials, publications, and presentations, the 3 Lines of Defence are to be referred to as: 1. Public Fire Safety Education 2. Fire Safety Standards and Enforcement Emergency Response Nancy Macdonald-Duncan Program Specialist – Prosecutions Office of the Fire Marshal Cathy Robertson Captain, Toronto Fire Service

ENTRY (Why and How) Request/Complaint/Routine New Regulations O. Reg. 365/13 – Mandatory Assessment of Complaints and Request for Approval O. Reg. 364/13 – Mandatory Inspection Fire Drill in Vulnerable Occupancy How to gain entry if entry denied? Entry Warrants (grounds and numbers) If a person receives a complaint, the complaint is to be assessed to determine whether it would be advisable to conduct a fire safety inspection in the building or part of a building (assess – determine) Approval by CFO - (assess need for inspection – determine if inspection required) If the inspection is with respect to a Care, care and treatment or retirement home (must file specific information with the FM) O. Reg. 364/13 If CFO is notified of Fire drill under 2.8.3.3. Shall ensure an inspector observes the fire drill and conducts Fire Safety Inspection Provides specific information to the FM

Inspection Orders Traditionally 21(1)(a) – (f) 21(1)(g) Subjective application of the Code

Inspection Orders 2012 – forward Revised Inspection and Enforcement Guideline TG-01-2012 21(1)(g) (any code deficiency)

Inspection Orders Advantages Work with the owner/occupant Gives time for compliance Time can be extended Right of appeal Need Cathy to speak about what is happening in Toronto. Difficulty of larger municipalities to just jump in.

Inspection Orders Considerations: 21(1) (b) structural repairs and alterations 22(1) limitation on 21(1)(b) when building was built to OBC compliance and continues to comply with the code as it existed at the time of construction Must describe type and use of building What is required and why? Must articulate risk Reasonable time for compliance

Prosecution Code Violation s. 28(1)(c) Non-compliance with Inspection Orders s.30 Penalties Part I – Ticket Part III – Information/summons Explain difference in process Penalties $50,000.00 $100,000.00 $20,000.00 per day $195.00 plus VFS and costs $235.00

Prosecution Sends message to defendant (compliance with the law) Deterrent to others Collection of Fines (Where does fine go?)

Prosecution Considerations: Can be lengthy May require retention of counsel Will require disclosure/crown brief Proof of ownership Is open to due diligence defence LIMITATION PERIODS – Part I/Part III Time from first appearance to trial

Inspection Order and Prosecution Necessary Elements ACCURATE AND COMPLETE NOTES CORRECT DETERMINATION OF OCCUPANCY COMPLETING DOCUMENTATION ACCURATELY FOLLOW-UP

Non-compliance Intentionally disable/Failing to Maintain Same day charges/zero tolerance/Inspection Orders

TORONTO SCENARIO