Ministry of Community Safety and Correctional Services Fire Safety for Vulnerable Occupants Application and Enforcement

Ministry of Community Safety and Correctional Services History

Ministry of Community Safety and Correctional Services Overview New Regulations and FM Directives Compliance dates Application Enforcement

Ministry of Community Safety and Correctional Services Regulations  150/13 – Amended O. Reg. 213/07 (Fire Code)  364/13 – Mandatory Inspection and Fire Drill in Vulnerable Occupancy  365/13 – Mandatory Assessment of Complaints and Requests for Approval Effective January 1, 2014

Ministry of Community Safety and Correctional Services Regulations Applies:  Retirement Homes regulated under the Retirement Homes Act (RHA)  Care Occupancies (e.g. some types of group homes and supportive housing)  Care and Treatment Occupancies (e.g. long-term care homes)

Ministry of Community Safety and Correctional Services Regulations Challenges for the Fire Service Determining the correct classification of an occupancy to ensure the correct application of the new regulations Completing the observation of the annual drill and inspection by January 1 st, 2015

Ministry of Community Safety and Correctional Services Regulations O. Reg. 364/13 Annual Fire Safety Inspection to be done Annual Fire Drill observed by Inspector based on lowest supervisory staffing levels Information on both to be filed with OFMEM

Ministry of Community Safety and Correctional Services Regulations O. Reg. 365/13 Complaints and requests for approval must be assessed to determine if inspection is necessary If assessment of complaint/ request for approval results in inspection of a care, care and treatment or retirement occupancy the info must be filed with OFMEM

Ministry of Community Safety and Correctional Services Regulations Amended O. Reg. 213/07 Changes to all Divisions A, B, C Requirements phased in over time O. Reg. 150/13

Ministry of Community Safety and Correctional Services Fire Code O. Reg. 213/07 Amended

Ministry of Community Safety and Correctional Services Fire Code, Amended Div. A- Definitions, new and revised Div. B- Section 2.8 Fire Safety Planning - Section 9.4 Health Care Facilities - Section 9.7 NEW for a Care Occupancy and or Retirement Home Div. C- Section 1.2 Qualifications

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 2.8 Fire Safety Plan required for care occupancies, care and treatment occupancies and now retirement homes regulated under Retirement Homes Act, Previously required for care occupancies and care and treatment occupancies Compliance date: January 1 st, 2014

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 2.8 Training of supervisory staff must be recorded in buildings containing care occupancies, care and treatment occupancies and retirement homes Retain records of training Compliance date: January 1 st, 2014

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 2.8 Sufficient supervisory staff required in care occupancies, care and treatment occupancies and retirement homes to carry out the duties outlined in the fire safety plan. *Previously required in Care occupancies and care and treatment occupancies. Compliance date: January 1 st, 2014

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 2.8 Owners must conduct an annual fire drill for a scenario that is approved by the Chief Fire Official in:  Care occupancies  Care and treatment occupancies  Retirement homes In effect January 1 st, 2014

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 2.8 The scenario must depict the lowest staffing level complement The fire drill is intended to confirm compliance with Div. B. Sentence (1) Owner must notify Chief Fire Official of fire drill within time frame previously agreed to

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 9.4 Sprinkler protection is required for existing: Homes for Special Care (where sleeping provided >10) that is a care/care & treatment occupancy Long-Term Care Homes Compliance date: January 1, 2025

Ministry of Community Safety and Correctional Services Fire Code Div. B Section 9.7 Care Occupancy and Retirement Home

Ministry of Community Safety and Correctional Services Care Occupancy/Retirement Home Retrofit sections 9.5 and 9.6 for residential buildings** Self-closing devices * Emergency lighting Fire alarm monitoring Notification to fire department where sprinkler system is activated Sprinklers Smoke alarms in suites/dwelling units, and Voice communication, where applicable

Ministry of Community Safety and Correctional Services Care Occupancy/Retirement Home January 1, 2014 Approved Fire Safety Plan for Retirement Home March 1, 2014 Smoke alarms in each suite/sleeping room January 1, 2015 Emergency lighting Fire alarm monitoring Fire department notification on sprinkler activation January 1, 2016 Self-closing devices Voice communication, where applicable January 1, 2019 Sprinkler buildings

Ministry of Community Safety and Correctional Services Care Occupancy/Retirement Home OFC Retrofit Section 9.7 does not apply: Retirement Home that meets OBC after January 1, 2014 Care Occupancies that meet OBC after April 6, 1998.

Ministry of Community Safety and Correctional Services Care Occupancy/Retirement Home Zoning for occupancy type; may be an issue. Fire departments to ensure interim fire safety measures as appropriate are in place, until zoning issues are sorted out. Examples: Installation of smoke alarms Fire watch Installation of closure s

Ministry of Community Safety and Correctional Services Fire Code Div. C Qualifications Every person who is required to implement the provisions of Section 2.8 in a care occupancy, care and treatment occupancy or retirement home must successfully complete a course acceptable to the Fire Marshal. Every Chief Fire Official who is responsible for approving fire safety plans in a care occupancy, care and treatment occupancy or a retirement home must have successfully complete a course acceptable to the Fire Marshal Compliance date: January 1, 2017

Ministry of Community Safety and Correctional Services Fire Marshal Directives FM Directives, , ,

Ministry of Community Safety and Correctional Services FM Directives Applies: To all assistants to the Fire Marshal. Assistants to the Fire Marshal are: -The fire chief of every fire department (FD) -The clerk of every municipality with no FD -Any member of a fire prevention bureau -Every person designated by the Fire Marshal

Ministry of Community Safety and Correctional Services Enforcement FPPA Part 7, Section 28 (1): Every person is guilty of an offence if he/she: (d)Refuses or neglects to obey or carry out the directives of the Fire Marshal as an assistant to the Fire Marshal or a Fire Chief given authority under this Act.

Ministry of Community Safety and Correctional Services FM Directives : Registry of Vulnerable Occupancies : Vulnerable Occupancies – Fire Drill Scenarios, Fire Drill Observations, Fire Safety Inspections : Inspections of All Buildings Effective January 1,2014

Ministry of Community Safety and Correctional Services FM Directive Directs Assistants to the Fire Marshal to file information prescribed in O. Reg. 364/13 and O. Reg. 365/13 be filed no later than by the end of the month following the date in which the fire safety inspection has been completed.

Ministry of Community Safety and Correctional Services FM Directive Part 1 When contacted by the owner, the Chief Fire Official Approves; A scenario representing the lowest staffing level complement that determines: i.The time available for staff to respond to the room of fire origin, remove occupant(s) and close the door to the room ii.The time available after closing the room door for staff to evacuate residents/patients from the zone or floor area containing the room of fire origin to the next point of safety

Ministry of Community Safety and Correctional Services FM Directive Part 2 Directs Assistants to the Fire Marshal to observe a fire drill to determine if there is sufficient staff: a)To respond to the room of fire origin, remove occupant(s) from the room and close the room door within the time approved; b)To evacuate residents/patients from the zone or floor area containing the room of fire origin to the next point of safety, within the time approved; c)To carry out other duties in the approved fire safety plan that may be necessary within the context of the fire drill.

Ministry of Community Safety and Correctional Services FM Directive Part 3 Directs Assistants to the Fire Marshal to conduct an annual fire safety inspection for every care occupancy, care and treatment occupancy and retirement home, to assess compliance with the Fire Code. **Estimated in excess of 4000 in Ontario**

Ministry of Community Safety and Correctional Services FM Directive Directs Assistants to the Fire Marshal; Fire safety complaints and requests for assistance to comply with the Fire Code where the involvement of the Chief Fire Official is required shall be assessed and a fire safety inspection undertaken if necessary.

Ministry of Community Safety and Correctional Services Fire Safety for Vulnerable Occupants Enforcement Options

Ministry of Community Safety and Correctional Services Enforcement- FPPA Section 15: Immediate Threat to Life Subsection 20. (1) Entry Warrant Section 21: Inspection Orders Subsection 21. (2): Order to Close Subsection 21. (3): Electrical Order Subsection 32 (1) Compliance Order Subsection 33.(1) Fire Marshal carry out Inspection Order Section 35: Cost Recovery POA Part 3 Charges OFC contraventions

Ministry of Community Safety and Correctional Services Enforcement-FPPA Inspection Orders - FPPA SS 22.(2) If repairs, alterations or installations are carried out in compliance with order under SS 21.(1), or for the purposes of complying with the fire code … shall be deemed not to contravene the building code (e.g. Sprinkler standard, or fire separation requirements) Inspection Orders - FPPA SS 22.(3) Copy of Inspection Order to Building Department

Ministry of Community Safety and Correctional Services Enforcement FPPA May be issue if area is not zoned for occupancy type; may affect issuance of building permit (Conditional permit may apply) If so, fire department needs to ensure fire safety measures are in place, until zoning issues are sorted out Must communicate to owner that Retrofit, or other measures does not imply that zoning is acceptable

Ministry of Community Safety and Correctional Services Enforcement FPPA When there is a zoning issue, inspection orders that may have been issued under Section 21 of the FPPA can be granted a conditional permit by the CBO in order to be able comply with the inspection orders. As per the FPPA, SS 21. (1) FSI orders are deemed not to contravene the building code.

Ministry of Community Safety and Correctional Services Enforcement FPPA Copy of order: requiring repairs, alterations or installations to be made to a building shall be given to the chief building official Contents of order shall set out: the reasons for the order; an explanation of the action required by the order; the time within which the owner or occupant must comply with the order; and the right to request a review of the order by the Fire Marshal or in the case of an order made by the Fire Marshal, the right of appeal to the Fire Safety Commission

Ministry of Community Safety and Correctional Services Enforcement FPPA Service of order A copy of an order made under section 21 shall be served upon the owner and any occupant of the land and premises. Same, multi-unit building In the case of an order respecting a building that contains two or more units intended for separate occupancy, the order shall be deemed to be served upon the occupants of the building if a copy of the order is posted in a conspicuous place in or outside the building.

Ministry of Community Safety and Correctional Services Enforcement FPPA Review of inspection order by Fire Marshal A person who considers themselves aggrieved by an order may, within 15 days after the order is served, submit a written request to the Fire Marshal for a review of the order. Order stayed by application for review An application made for a review operates as a stay of the order pending the outcome of the review. Lifting of stay The Fire Marshal may order that the stay of the order be lifted if, in their opinion, the action is necessary in the interest of public safety.

Ministry of Community Safety and Correctional Services Enforcement FPPA Appeal to Fire Safety Commission Any person may appeal the order by the Fire Marshal to the Fire Safety Commission within 15 days after the order is served. Order stayed by appeal An appeal under operates as a stay of the order pending the review. Lifting of stay The Fire Safety Commission may order that the stay be lifted if, in its opinion, the action is necessary in the interest of public safety. Appeal to Divisional Court Any party to the hearing before the Fire Safety Commission may the decision of the Commission to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone.

Ministry of Community Safety and Correctional Services Enforcement FPPA Warrant authorizing entry A justice of the peace may issue a warrant authorizing an inspector to enter on lands or premises if the justice of the peace is satisfied that there are reasonable grounds to believe that entry on the lands or premises is necessary to assess fire safety and, (a) the inspector has been denied entry to the lands or premises; or (b) there are reasonable grounds to believe that the inspector will be denied entry to the lands or premises.

Ministry of Community Safety and Correctional Services Enforcement FPPA Offences

Ministry of Community Safety and Correctional Services Offences 28. (1) Every person is guilty of an offence if he or she,28. (1) (a) hinders, obstructs or interferes with the Fire Marshal, an assistant to the Fire Marshal or a fire chief in the exercise of his or her powers and duties; (b) prevents an inspector from entering land or premises under section 19 or 20, refuses to answer questions on matters relevant to the inspection or provides the inspector with information, on matters relevant to the inspection, that the person knows, or ought reasonably to know, to be false or misleading; (c) subject to subsection (2) contravenes any provisions of this Act or the regulations; or (d) refuses or neglects to obey or carry out the directives of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act

Ministry of Community Safety and Correctional Services Offences Penalty (3) An individual convicted of an offence under subsection (1) is liable to,(3) (a) in the case of an offence other than one described in clause (b), a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both; and (b) in the case of an offence for contravention of the fire code, a fine of not more than $50,000 or imprisonment for a term of not more than one year, or both. 2005, c. 33, s. 8. Same (4) A corporation convicted of an offence under subsection (1) is liable to a fine of not more than $100, , c. 33,(4)

Ministry of Community Safety and Correctional Services Offences Offence, director or officer of corporation (5) A director or officer of a corporation who knows that the corporation is violating or has violated a provision of the fire code is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.(5) Liability of directors (6) Despite subsections (1) and (3), every director or officer of a corporation who knowingly commits an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.(6)

Ministry of Community Safety and Correctional Services Offences Offence, removal of posted notice 29. Any person who removes a copy of an order or of a notice posted without the approval of the Fire Marshal, an assistant to the Fire Marshal or a fire chief is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.29.

Ministry of Community Safety and Correctional Services Offences Offence, failure to comply with inspection order 30. Every person who fails to comply with an order is guilty of an offence and on conviction is liable to a fine of not more than $20,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order.30.

Ministry of Community Safety and Correctional Services Implementation OFMEM assistance with appropriate enforcement and application of FPPA and Fire Code to ensure fire safety: -Fire Safety Inspection Orders -Entry Warrants -Part 3 Charges OFMEM continued development of training workshops, resources, guidelines, stakeholder relations

Ministry of Community Safety and Correctional Services Questions