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Fire Protection and Prevention Act, 1997

S.O. 1997, CHAPTER 4

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 35, Sched. C, s. 44.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
DEFINITIONS

Definitions

1.  (1)  In this Act,

“community fire safety officer” means a community fire safety officer appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a); (“agent local de la sécurité-incendie”)

“community fire safety team” means a community fire safety team appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a); (“équipe locale de la sécurité-incendie”)

“fire chief” means a fire chief appointed under subsection 6 (1), (2) or (4); (“chef des pompiers”)

“fire code” means the fire code established under Part IV; (“code de prévention des incendies”)

“fire department” means a group of firefighters authorized to provide fire protection services by a municipality, group of municipalities or by an agreement made under section 3; (“service d’incendie”)

“firefighter” means a fire chief and any other person employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter; (“pompier”)

“Fire Marshal” means the Fire Marshal appointed under subsection 8 (1); (“commissaire des incendies”)

“fire protection services” includes fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services; (“services de protection contre les incendies”)

“Fire Safety Commission” means the Fire Safety Commission continued under Part X of this Act; (“Commission de la sécurité-incendie”)

“Minister” means, in each Part of this Act, the member of the Executive Council to whom the administration of this Act, or of the Part of this Act, is assigned from time to time; (“ministre”)

“municipality” means local municipality as defined in the Municipal Act, 2001; (“municipalité”)

“prescribed” means prescribed by regulation; (“prescrit”)

“regulation” means a regulation made under this Act; (“règlement”)

“volunteer firefighter” means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. (“pompier volontaire”) 1997, c. 4, s. 1 (1); 2001, c. 25, s. 475 (1).

Interpretation of land and premises

(2)  For the purposes of this Act, a reference to land and premises or to land or premises includes any buildings, structures or things situated on or attached to the land or premises. 1997, c. 4, s. 1 (2).

Application of definition of firefighter

(3)  The definition of firefighter in subsection (1) does not apply to Part IX. 1997, c. 4, s. 1 (3).

Automatic aid agreements

(4)  For the purposes of this Act, an automatic aid agreement means any agreement under which,

(a) a municipality agrees to ensure the provision of an initial response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or

(b) a municipality agrees to ensure the provision of a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department situated in the municipality is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of the other municipality. 1997, c. 4, s. 1 (4).

Same

(5)  A mutual aid plan established under section 7 does not constitute an automatic aid agreement for the purposes of subsection (4). 1997, c. 4, s. 1 (5).

PART II
RESPONSIBILITY FOR FIRE PROTECTION SERVICES

Municipal responsibilities

2.  (1) Every municipality shall,

(a) establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention; and

(b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.

Methods of providing services

(2) In discharging its responsibilities under subsection (1), a municipality shall,

(a) appoint a community fire safety officer or a community fire safety team; or

(b) establish a fire department.

Services to be provided

(3) In determining the form and content of the program that it must offer under clause (1) (a) and the other fire protection services that it may offer under clause (1) (b), a municipality may seek the advice of the Fire Marshal.

Shared responsibilities

(4) Two or more municipalities may appoint a community fire safety officer or a community fire safety team or establish a fire department for the purpose of providing fire protection services in those municipalities.

Services outside municipality

(5) A municipality may, under such conditions as may be specified in the agreement, enter into an agreement to,

(a) provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; and

(b) receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality.

Automatic aid agreements

(6) A municipality may enter into an automatic aid agreement to provide or receive the initial or supplemental response to fires, rescues and emergencies.

Review of municipal fire services

(7) The Fire Marshal may monitor and review the fire protection services provided by municipalities to ensure that municipalities have met their responsibilities under this section and, if the Fire Marshal is of the opinion that, as a result of a municipality failing to comply with its responsibilities under subsection (1), a serious threat to public safety exists in the municipality, he or she may make recommendations to the council of the municipality with respect to possible measures the municipality may take to remedy or reduce the threat to public safety.

Failure to provide services

(8) If a municipality fails to adhere to the recommendations made by the Fire Marshal under subsection (7) or to take any other measures that in the opinion of the Fire Marshal will remedy or reduce the threat to public safety, the Minister may recommend to the Lieutenant Governor in Council that a regulation be made under subsection (9).

Regulation

(9) Upon the recommendation of the Minister, the Lieutenant Governor in Council may make regulations establishing standards for fire protection services in municipalities and requiring municipalities to comply with the standards.

Same

(10) A regulation under this section may be general or specific in its application and may be restricted to those municipalities specified in the regulation. 1997, c. 4, s. 2.

Territory without municipal organization

3.  (1) The Fire Marshal, a services board established to provide services in territory without municipal organization or a prescribed person or organization may enter into agreements to provide fire protection services in territory without municipal organization and to govern the provision of those services.

Same

(2) An agreement referred to in subsection (1) may provide for,

(a) the appointment of a community fire safety officer or a community fire safety team; or

(b) the establishment of a fire department. 1997, c. 4, s. 3.

Community fire safety officer or team

4.  (1) A community fire safety officer or a community fire safety team appointed in a municipality or in a group of municipalities shall provide the program established under clause 2 (1) (a) in the municipality or in the group of municipalities, as the case may be.

Same

(2) A community fire safety officer or a community fire safety team appointed by agreement with the Fire Marshal, a services board or a prescribed person or organization to provide services in territory without municipal organization shall provide a program which includes public education with respect to fire safety and certain components of fire prevention in the territory in accordance with the agreement. 1997, c. 4, s. 4.

Municipalities may establish fire departments

5.  (0.1)  The council of a municipality may establish, maintain and operate a fire department for all or any part of the municipality. 2001, c. 25, s. 475 (2).

Fire departments

(1)  A fire department shall provide fire suppression services and may provide other fire protection services in a municipality, group of municipalities or in territory without municipal organization. 1997, c. 4, s. 5 (1).

Same

(2)  Subject to subsection (3), the council of a municipality may establish more than one fire department for the municipality. 1997, c. 4, s. 5 (2).

Exception

(3)  The council of a municipality may not establish more than one fire department if, for a period of at least 12 months before the day this Act comes into force, fire protection services in the municipality were provided by a fire department composed exclusively of full-time firefighters. 1997, c. 4, s. 5 (3).

Same

(4)  The councils of two or more municipalities may establish one or more fire departments for the municipalities. 1997, c. 4, s. 5 (4).

Fire chief, municipalities

6.  (1) If a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department.

Same

(2) The council of a municipality or the councils of two or more municipalities may appoint one fire chief for two or more fire departments.

Responsibility to council

(3) A fire chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services.

Fire chief, territory without municipal organization

(4) If a fire department is established in territory without municipal organization under subsection 3 (2), the agreement shall provide for the appointment of a fire chief.

Powers of fire chief

(5) The fire chief may exercise all the powers assigned to him or her under this Act within the territorial limits of the municipality and within any other area in which the municipality has agreed to provide fire protection services, subject to any conditions specified in the agreement.

Delegation

(6) A fire chief may delegate his or her powers or duties under sections 14, 19 and 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such limitations, restrictions or conditions as may be prescribed or set out in the delegation. 1997, c. 4, s. 6.

Fire co-ordinators

7.  (1)  The Fire Marshal may appoint fire co-ordinators for such areas as may be designated in the appointment. 1997, c. 4, s. 7 (1).

Duties

(2)  A fire co-ordinator shall, subject to the instructions of the Fire Marshal,

(a) establish and maintain a mutual aid plan under which the fire departments that serve the designated area agree to assist each other in the event of an emergency; and

(b) perform such other duties as may be assigned by the Fire Marshal. 1997, c. 4, s. 7 (2); 2002, c. 18, Sched. N, s. 1.

Municipal by-laws

7.1  (1)  A council of a municipality may pass by-laws,

(a) regulating fire prevention, including the prevention of the spreading of fires;

(b) regulating the setting of open air fires, including establishing the times during which open air fires may be set;

(c) designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any of the fire routes at the expense of the owner of the vehicle. 2001, c. 25, s. 475 (3).

Definition

(2)  For the purpose of clause (1) (c),

“private road” means any private road, lane, ramp or other means of vehicular access to or from a building or structure and may include part of a parking lot. 2001, c. 25, s. 475 (3).

Scope

(3)  A by-law under this section may deal with different areas of the municipality differently. 2001, c. 25, s. 475 (3).

Officer

(4)  A municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with this section are being complied with. 2001, c. 25, s. 475 (3).

Exercise of power

(5)  The exercise of powers by an officer appointed under this section shall be carried out in accordance with Part XIV of the Municipal Act, 2001, other than clause 431 (a) of that Act or with Part XV of the City of Toronto Act, 2006, other than paragraph 4 of subsection 375 (1) of that Act, as the case may be. 2001, c. 25, s. 475 (3); 2006, c. 32, Sched. C, s. 20 (1).

PART III
FIRE MARSHAL

Appointment of Fire Marshal

8.  (1) There shall be a Fire Marshal who shall be appointed by the Lieutenant Governor in Council.

Deputy Fire Marshal

(2) There shall be a Deputy Fire Marshal, who shall be appointed by the Lieutenant Governor in Council and who shall act in the stead of the Fire Marshal if he or she is absent or unable to act, and who, when so acting, has all the power and authority of the Fire Marshal. 1997, c. 4, s. 8.

Powers of Fire Marshal

9.  (1) The Fire Marshal has the power,

(a) to monitor, review and advise municipalities respecting the provision of fire protection services and to make recommendations to municipal councils for improving the efficiency and effectiveness of those services;

(b) to issue directives to assistants to the Fire Marshal respecting matters relating to this Act and the regulations;

(c) to advise and assist ministries and agencies of government respecting fire protection services and related matters;

(d) to issue guidelines to municipalities respecting fire protection services and related matters;

(e) to co-operate with any body or person interested in developing and promoting the principles and practices of fire protection services;

(f) to issue long service awards to persons involved in the provision of fire protection services; and

(g) to exercise such other powers as may be assigned under this Act or as may be necessary to perform any duty assigned under this Act.

Duties of Fire Marshal

(2) It is the duty of the Fire Marshal,

(a) to investigate the cause, origin and circumstances of any fire or of any explosion or condition that in the opinion of the Fire Marshal might have caused a fire, explosion, loss of life or damage to property;

(b) to advise municipalities in the interpretation and enforcement of this Act and the regulations;

(c) to provide information and advice on fire safety matters and fire protection matters by means of public meetings, newspaper articles, publications, electronic media and exhibitions and otherwise as the Fire Marshal considers advisable;

(d) to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection services;

(e) to maintain and operate a central fire college;

(f) to keep a record of every fire reported to the Fire Marshal with the facts, statistics and circumstances that are required under this Act;

(g) to develop and maintain statistical records and conduct studies in respect of fire protection services; and

(h) to perform such other duties as may be assigned to the Fire Marshal under this Act.

Public inquiry

(3) For the purpose of any inquiry or investigation conducted by the Fire Marshal under this Act, the Fire Marshal has and may exercise all the powers of a commission under Part II of the Public Inquiries Act, which part applies to such inquiries or investigations as if they were an inquiry under that Act.

Employment of expert, etc.

(4) The Fire Marshal may employ legal, technical, scientific, clerical or other assistance that the Fire Marshal considers advisable or necessary in the conduct of any inquiry or investigation under this Act or in carrying out any of his or her powers or duties under this Act. 1997, c. 4, s. 9.

Delegation

10.  (1) The Fire Marshal may delegate any power or duty that is granted to or vested in the Fire Marshal under this Act to any person or class of persons, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.

Same

(2) Subsection (1) applies with respect to any power or duty held by the Fire Marshal under this Act, including such statutory or discretionary powers as may be assigned to the Fire Marshal under this Act.

Certificate of appointment

(3) A certificate under the hand and seal of the Fire Marshal of the appointment of a person under this Act is proof in the absence of evidence to the contrary of the appointment in any court or elsewhere. 1997, c. 4, s. 10.

Assistants to the Fire Marshal

11.  (1)  The following persons are assistants to the Fire Marshal and shall follow the Fire Marshal’s directives in carrying out this Act,

(a) the fire chief of every fire department;

(b) the clerk of every municipality that does not have a fire department;

(c) any member of a fire prevention bureau established by a municipality; and

(d) every person designated by the Fire Marshal as an assistant to the Fire Marshal. 1997, c. 4, s. 11 (1); 2002, c. 18, Sched. N, s. 2 (1).

Duty to report

(2)  The assistants to the Fire Marshal shall report to the Fire Marshal all fires and other matters related to fire protection services as may be specified by the Fire Marshal. 1997, c. 4, s. 11 (2).

Submitting report

(3)  A report under subsection (2) shall be made in the form and manner and within the time period specified by the Fire Marshal. 1997, c. 4, s. 11 (3).

Workers’ compensation not affected

(4)  The relationship between a person who is an assistant to the Fire Marshal under this section and the municipality or such other person by which he or she is employed continues for the purposes of the Workplace Safety and Insurance Act, 1997 as if the person were not an assistant to the Fire Marshal. 1997, c. 4, s. 11 (4); 2002, c. 18, Sched. N, s. 2 (2).

PART IV
FIRE CODE

Fire Code

12.  (1) The Minister may make regulations that are considered advisable or necessary for the purpose of establishing a fire code for Ontario governing fire safety standards for equipment, systems, buildings, structures, land and premises including regulations,

(a) prescribing any method, matter or thing relating to fire protection;

(b) respecting standards for reducing the risk of, or consequences of, a fire that would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it;

(c) requiring and regulating fire protection equipment and systems and respecting the maintenance of such equipment and systems;

(d) requiring and regulating means of egress, fire separations, finish materials, furnishings and decorations, standards of housekeeping and heating, ventilation, air conditioning and incinerating equipment and systems;

(e) controlling or prohibiting any material, substance, equipment or system affecting fire safety;

(f) requiring and regulating procedures respecting fire safety and the keeping and furnishing of records and reports;

(g) requiring the approval of the Fire Marshal or of a prescribed person in respect of any method, matter or thing;

(h) requiring notice to be given to the Fire Marshal or to a prescribed person respecting any change in use or occupancy;

(i) prescribing conditions for use, occupation or demolition;

(j) exempting any class of building, structure, lands or premises from compliance with the regulations or any provision thereof, and attaching terms and conditions to such exemptions;

(k) respecting the qualifications and training of persons servicing, maintaining, testing or repairing fire protection devices, equipment or systems and the licensing of such persons;

(l) adopting by reference, in whole or in part, with such changes as the Minister considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted.

Limitation of application

(2) Any regulation made under this section may be limited in its application territorially or to any class of building, structure, land or premises or to any building, structure, land or premises used for any specified purpose.

Buildings under construction

(3) Subject to subsection (4), the fire code does not apply to the unoccupied parts of a building that is under construction within the meaning of the Building Code Act, 1992 or of a predecessor to that Act.

Same

(4) The fire code applies to the unoccupied parts of a building that is under construction within the meaning of the Building Code Act, 1992, or of a predecessor to that Act, if,

(a) there has been no substantial work related to the construction of the building for at least six months; or

(b) the conditions in the unoccupied portions threaten the safety of the occupied portions.

Municipal by-law prevails

(5) If there is a conflict between a provision of the fire code and a provision of a municipal by-law respecting the keeping and manufacturing of explosives, the provision that is the most restrictive prevails. 1997, c. 4, s. 12.

PART V
RIGHTS OF ENTRY IN EMERGENCIES AND FIRE INVESTIGATIONS

Entry on adjacent lands by firefighters, etc.

13.  (1)  A firefighter or such other person as may be authorized by the fire chief, the Fire Marshal or an assistant to the Fire Marshal may, without a warrant, enter on lands or premises,

(a) that are adjacent to the lands or premises on which a fire or emergency has occurred or is occurring, for the purposes of fighting the fire or of providing rescue or emergency services; or

(b) that are adjacent to the lands or premises on which there is a serious threat to the health and safety of any person or the quality of the natural environment, for the purpose of removing or reducing the threat. 1997, c. 4, s. 13 (1); 2001, c. 25, s. 475 (4).

Prevention of fire spreading

(1.1)  A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises on which a fire is occurring, or that are adjacent to those lands or premises, for the purposes of pulling down or removing buildings, structures or things on or attached to the lands or premises on which a fire is occurring or that are adjacent to those lands or premises if, in the opinion of the fire chief, it is necessary to do so to prevent the spread of the fire. 2001, c. 25, s. 475 (5).

Entry onto land outside municipality

(2)  A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue or emergency services on such lands or premises if,

(a) in the opinion of the fire chief, the fire or emergency threatens persons, property or the environment within the territorial limits of the municipality served by the fire department; and

(b) there is no fire department or other emergency response capability for the area in which the lands or premises are situated. 1997, c. 4, s. 13 (2).

Automatic aid

(3)  A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue or emergency services on such lands or premises if the council of the municipality has entered into an automatic aid agreement or any other agreement under which the entry is permitted. 1997, c. 4, s. 13 (3).

Common law right of entry preserved

(4)  Nothing in this section derogates from a firefighter’s right of entry at common law. 1997, c. 4, s. 13 (4).

Entry where fire has occurred or is likely to occur

14.  (1) The Fire Marshal or a fire chief may, without a warrant, enter on land or premises if,

(a) a fire has occurred on the land or premises; or

(b) he or she has reason to believe that a substance or device that is likely to cause a fire may be situated on the land or premises.

Powers upon entry

(2) Upon entering on land or premises under subsection (1), the Fire Marshal or a fire chief may,

(a) close, and prevent entry to, the land or premises for the length of time necessary to complete the examination of the land or premises;

(b) in the case of an entry under clause (1) (a), remove from the land or premises, retain and examine any article or material, and take such samples or photographs, make videotapes and other images electronic or otherwise that in his or her opinion may be of assistance in determining the cause of the fire under investigation;

(c) make such excavations on the land or premises as he or she considers necessary;

(d) require that any machinery, equipment or device be operated, used or set in motion under specified conditions; and

(e) make any reasonable inquiry of any person, orally or in writing.

Entry to adjacent lands

(3) A person who enters on land or premises under subsection (1), may, without a warrant, enter on adjacent land or premises if the entry is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises.

Same

(4) A person who enters on adjacent land or premises under subsection (3) may exercise any of the powers mentioned in subsection (2) on or with respect to the adjacent land or premises.

Use of force

(5) A person who enters land or premises under subsection (1) or (3) shall not use force to enter the land or premises.

Warrant authorizing entry

(6) A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief named in the warrant to enter on land or premises and exercise any of the powers referred to in subsection (2) or (3) if the justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on the lands or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises and,

(a) the Fire Marshal or fire chief has been denied entry to the land or premises or has been obstructed in exercising any other of those powers with respect to the land or premises; or

(b) there are reasonable grounds to believe that the Fire Marshal or fire chief will be denied entry to the land or premises or obstructed in exercising any other of those powers with respect to the land or premises.

Execution and expiry of warrant

(7) A warrant issued under subsection (6) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(8) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(9) A person authorized by a warrant issued under subsection (6) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Application without notice

(10) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises. 1997, c. 4, s. 14.

Immediate threat to life

15.  (1)  If the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, he or she may, without a warrant, enter on any land or premises and, for the purpose of removing or reducing the threat, may,

(a) remove persons on the land or premises;

(b) post a fire watch;

(c) remove combustible or explosive material or anything that may constitute a fire menace;

(c.1) dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal;

(d) eliminate ignition sources;

(e) install temporary safeguards, including fire extinguishers and smoke alarms;

(f) make minor repairs to existing fire safety systems;

(g) do any other thing that the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe is urgently required to remove or reduce the threat to life. 1997, c. 4, s. 15 (1); 2002, c. 18, Sched. N, s. 3.

Notice to owner

(2)  A person who enters land or premises under subsection (1) shall promptly after exercising any powers under this section give notice thereof to the owner if the owner’s whereabouts in Ontario are known. 1997, c. 4, s. 15 (2).

Notice to be posted

(3)  The person who gives notice under subsection (2) shall post a copy of the notice on the land or premises. 1997, c. 4, s. 15 (3).

Contents of notice

(4)  The notice shall,

(a) describe the location of the land or premises;

(b) state the reason for the entry; and

(c) state the things done under subsection (1) to remove or reduce the threat to life. 1997, c. 4, s. 15 (4).

Use of force

(5)  A person who enters on land or premises under this section may call on police officers as necessary and may use force as necessary to make the entry. 1997, c. 4, s. 15 (5).

Assistance

16.  A person who enters on land or premises under section 14 or 15 may call on any other persons he or she considers advisable to assist. 1997, c. 4, s. 16.

Identification

17.  On the request of an owner or occupant of the land or premises, a person who enters on land or premises under section 14 or 15 shall identify himself or herself and shall explain the purpose of the entry. 1997, c. 4, s. 17.

PART VI
INSPECTIONS

Interpretation

18.  For the purposes of this Part, fire safety includes safety from the risk that a fire, if started, would seriously endanger the health and safety of any person or the quality of the natural environment for any use that can be made of it. 1997, c. 4, s. 18.

Inspectors

19.  (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief is an inspector for the purposes of this Part.

Inspections

(2) An inspector may, without a warrant, enter and inspect land and premises for the purposes of assessing fire safety.

Time of entry

(3) The power to enter and inspect land and premises without a warrant may be exercised at all reasonable times.

Assistance

(4) An inspector who enters land or premises under this section may take with him or her a police officer or such other person as he or she considers advisable to assist.

Identification

(5) On the request of an owner or occupant of the land or premises, an inspector shall identify himself or herself and shall explain the purpose of the entry.

Powers during inspection

(6) An inspector conducting an inspection may,

(a) examine a document or other thing that is relevant to the inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) remove any thing that is relevant to the inspection for review and examination and remove any document that is relevant to the inspection for review and copying;

(d) conduct tests, take and remove samples, take photographs and make videotapes and other images, electronic or otherwise, that are relevant to the inspection;

(e) in order to produce a document in readable form, use data storage, information processing or retrieval devices or systems that are normally used in the premises being inspected; and

(f) question a person on matters relevant to the inspection.

Obligation to produce and assist

(7) If an inspector demands that a document or other thing be produced for inspection, the person who has custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that is reasonably necessary to interpret the document or to produce it in a readable form.

Document and thing removed from place

(8) A document or other thing that has been removed from land or premises,

(a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall, if it is possible to return the document or thing to the person, be returned within a reasonable time.

Copy admissible in evidence

(9) A copy of a document that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. 1997, c. 4, s. 19.

Warrant authorizing entry

20.  (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter on lands or premises and exercise any of the powers referred to in subsection 19 (6) if the justice of the peace is satisfied on evidence under oath 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 has been obstructed in exercising any other of those powers with respect 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 or obstructed in exercising any other of those powers with respect to the lands or premises.

Execution and expiry of warrant

(2) A warrant issued under subsection (1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(3) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(4) A person authorized under subsection (1) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Assistance

(5) A person named in a warrant issued under subsection (1) may call on any other persons he or she considers advisable to execute the warrant.

Application without notice

(6) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises.

Identification

(7) On the request of an owner or occupant of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry.

Application

(8) Subsections 19 (7), (8) and (9) apply with respect to an inspection carried out under a warrant issued under this section. 1997, c. 4, s. 20.

Inspection orders

21.  (1) An inspector who has carried out an inspection of land or premises under section 19 or 20 may order the owner or occupant of the land or premises to take any measure necessary to ensure fire safety on the land and premises and may for that purpose order the owner or occupant,

(a) to remove buildings or structures from the land or premises;

(b) to make structural and other repairs or alterations, including material alterations, to the buildings or structures;

(c) to remove combustible or explosive material or any thing that may constitute a fire hazard;

(d) to install and use specified equipment or devices as may be necessary to contain hazardous material on the land or premises and, in the event of a fire, to remove or transport the material;

(e) to discontinue the manufacturing, production or fabrication of any material, device or other thing that creates or poses an undue risk of fire or explosion;

(f) to do anything respecting fire safety including anything relating to the containment of a possible fire, means of egress, fire alarms and detection, fire suppression and the preparation of a fire safety plan;

(g) to remedy any contravention of the fire code.

Same, closure of premises

(2) An inspector who has carried out an inspection of land or premises under section 19 or 20 may, with the approval of the Fire Marshal and upon such terms and conditions as the Fire Marshal considers proper,

(a) order that the owner or occupant of the land or premises close the land or premises and prevent persons from entering thereon until such time as the corrective actions ordered under subsection (1) have been completed; or

(b) if the inspector is of the opinion that it is necessary for the immediate protection of persons and property that the lands or premises be closed immediately, cause the land or premises to be closed immediately and persons on the premises to be removed and direct that the lands or premises remain closed and that the premises be vacated until such time as the corrective actions ordered under subsection (1) have been completed. 1997, c. 4, s. 21 (1, 2).

Same, electrical installations

(3) If, upon an inspection, it is determined that the electrical installations in a building or structure create or pose a risk of fire because of the inadequacy or want of repair of the installations and their wiring, the inspector may order that the electrical installations in the building or structure be inspected by a representative of the Electrical Safety Authority referred to in Part VIII of the Electricity Act, 1998 and that the costs of the inspection be paid by the owner or occupant of the building or structure. 1997, c. 4, s. 21 (3); 1998, c. 15, Sched. E, s. 12.

Limitation on orders relating to structural repairs

22.  (1) No inspector shall make an order under clause 21 (1) (b) requiring structural repairs or alterations to a building, structure or premises that was constructed in compliance with the building code established under the Building Code Act, 1992 or under a predecessor to that Act and that continues to comply with that code as it existed at the time of construction, unless the order is necessary to ensure compliance with the provisions of the fire code relating to the retrofitting of existing buildings.

Repairs, etc., deemed not to contravene Building Code

(2) If repairs, alterations or installations are carried out in compliance with an order made under subsection 21 (1) or for the purposes of complying with the fire code, the repairs, alterations or installations shall be deemed not to contravene the building code established under the Building Code Act, 1992.

Copy of order

(3) An inspector who makes an order requiring repairs, alterations or installations to be made to a building, structure or premises shall furnish a copy of the order to the proper chief building official appointed under the Building Code Act, 1992. 1997, c. 4, s. 22.

Contents of order

23.  An order made under subsection 21 (1) or (2) shall set out,

(a) the reasons for the order;

(b) an explanation of the action required by the order;

(c) the time within which the owner or occupant must comply with the order; and

(d) the right to request a review of the order by the Fire Marshal under section 25 or, in the case of an order made by the Fire Marshal, the right of appeal to the Fire Safety Commission under section 26. 1997, c. 4, s. 23.

Service of order

24.  (1) 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

(2) 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.

Posting and service of order to close premises

(3) If an order is made under subsection 21 (2) requiring the closing of land or premises, a copy of the order shall be posted on the land or premises and shall be served on the owner of the lands or premises if the owner is in Ontario and his or her whereabouts are known. 1997, c. 4, s. 24.

Review of inspection order by Fire Marshal

25.  (1)  A person who considers himself or herself aggrieved by an order made by an inspector, other than the Fire Marshal, under subsection 21 (1) or (2) may, within 15 days after the order is served, submit a written request to the Fire Marshal for a review of the order. 1997, c. 4, s. 25 (1).

Extension of time

(2)  The Fire Marshal may, upon application by a person referred to in subsection (1), extend the time for making a request under this section if he or she is satisfied that there are apparent grounds for granting relief to the person and that there are reasonable grounds for applying for the extension and may give directions that the Fire Marshal considers proper consequent upon the extension. 1997, c. 4, s. 25 (2); 2002, c. 18, Sched. N, s. 4 (1).

Same

(3)  An application for an extension of time may be made either before or after the expiration of the time fixed in subsection (1) but shall be made within 30 days after a copy of the order under subsection 21 (1) or (2) is served. 1997, c. 4, s. 25 (3).

Powers of Fire Marshal

(4)  The Fire Marshal may,

(a) refuse to consider the substance of the request and refer the matter to the Fire Safety Commission for a hearing under section 26; or

(b) confirm, amend or rescind the order or make such other order as he or she deems appropriate. 1997, c. 4, s. 25 (4).

No hearing required

(5)  The Fire Marshal is not required to hold a hearing when conducting a review of an order under this section. 1997, c. 4, s. 25 (5).

Order stayed by application for review

(6)  An application made under subsection (1) for a review operates as a stay of the order pending the outcome of the review. 2002, c. 18, Sched. N, s. 4 (2).

Lifting of stay

(7)  The Fire Marshal may, upon request therefor by an inspector, which may be made without notice, order that the stay of the order be lifted if, in his or her opinion, the action is necessary in the interest of public safety. 2002, c. 18, Sched. N, s. 4 (2).

Appeal to Fire Safety Commission

26.  (1)  Any person who considers himself or herself aggrieved by an order made by the Fire Marshal under subsection 21 (1) or (2) or section 25 may appeal the order to the Fire Safety Commission. 1997, c. 4, s. 26 (1).

Time for filing appeal

(2)  A notice of appeal from an order referred to in subsection (1) shall be filed with the Fire Safety Commission within 15 days after the order is served. 1997, c. 4, s. 26 (2).

Extension of time

(3)  The Fire Safety Commission may, upon application by a person referred to in subsection (1), extend the time for appealing an order if it is satisfied that there are apparent grounds for granting the appeal and that there are reasonable grounds for applying for the extension and may give directions that it considers proper consequent upon the extension. 1997, c. 4, s. 26 (3); 2002, c. 18, Sched. N, s. 5 (1).

Same

(4)  An application for an extension of time may be made either before or after expiration of the time fixed in subsection (2) but shall be made within 30 days after a copy of the order from which the appeal is made is served. 1997, c. 4, s. 26 (4).

Hearing by Commission

(5)  If an application is made under subsection (1) or if a matter is referred to the Fire Safety Commission by the Fire Marshal under clause 25 (4) (a), the Commission shall appoint a time for and hold the hearing. 1997, c. 4, s. 26 (5).

Powers of Commission

(6)  The Fire Safety Commission may confirm, amend or rescind the order of the Fire Marshal or make such other order as the Commission deems appropriate. 1997, c. 4, s. 26 (6).

Order stayed by appeal

(7)  An appeal under subsection (1) operates as a stay of the order pending the outcome of the appeal. 2002, c. 18, Sched. N, s. 5 (2).

Lifting of stay

(8)  The Fire Safety Commission may, upon application therefor by an inspector or the Fire Marshal, which may be made without notice, order that the stay of the order be lifted if, in its opinion, the action is necessary in the interest of public safety. 2002, c. 18, Sched. N, s. 5 (2).

Appeal to Divisional Court

27.  (1) Any party to the hearing before the Fire Safety Commission under section 26 may appeal from 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.

Minister to be heard

(2) The Minister is entitled to be heard at a hearing under this section.

Powers of court on appeal

(3) The judge who hears an appeal under this section may,

(a) refer the matter back to the Commission for reconsideration by the Commission;

(b) confirm or alter the decision of the Commission; or

(c) make such other order as he or she sees fit, including an order that the Fire Marshal or an inspector do any act he or she is authorized to do under this Act. 1997, c. 4, s. 27.

PART VII
OFFENCES AND ENFORCEMENT

Offences

28.  (1)  Every person is guilty of an offence if he or she,

(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. 1997, c. 4, s. 28 (1); 2002, c. 18, Sched. N, s. 6.

Same

(2)  A person who contravenes a provision in Part IX of this Act is not guilty of an offence. 1997, c. 4, s. 28 (2).

Penalty

(3)  An individual convicted of an offence under subsection (1) is liable to,

(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 $100,000. 2005, c. 33, s. 8.

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. 2005, c. 33, s. 8.

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. 2005, c. 33, s. 8.

Offence, removal of posted notice

29.  Any person who removes a copy of an order or of a notice posted in accordance with subsection 15 (3), 24 (2), (3) or 31 (4) 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. 2005, c. 33, s. 9.

Offence, failure to comply with inspection order

30.  Every person who fails to comply with an order made under section 21, 25 or 26 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. 2005, c. 33, s. 10.

Order to close premises, etc.

31.  (1)  The Fire Marshal, an assistant to the Fire Marshal or a fire chief may apply to the Ontario Court of Justice for an order under this section if,

(a) a person who has been convicted of an offence under section 30 for failing to comply with an inspection order under section 21 or an order under section 25 or 26 has not complied with the order within 30 days of the conviction; or

(b) a person who has been convicted of an offence under clause 28 (1) (c) for contravening a provision of the fire code has not ceased to contravene the provision or remedied the contravention within 30 days of the conviction. 1997, c. 4, s. 31 (1); 2002, c. 18, Sched. N, s. 7 (1).

No notice required

(2)  An application under subsection (1) may be made without notice to the person referred to in clause (1) (a) or (b). 1997, c. 4, s. 31 (2).

Order

(3)  Upon an application under subsection (1), a judge may, if in his or her opinion it is necessary in the interest of public safety, order that the Fire Marshal, assistant to the Fire Marshal or fire chief,

(a) close access to, or remove, the building, structure or premises to which the order relates; or

(b) remove or remove and dispose of any substance, material or thing from the building, structure or premises. 1997, c. 4, s. 31 (3); 2002, c. 18, Sched. N, s. 7 (2).

Application

(4)  If an order is made under clause (3) (a), subsection 24 (3) applies with necessary modifications to the service and posting of the order. 1997, c. 4, s. 31 (4).

Compliance order

32.  (1)  The Fire Marshal, an assistant to the Fire Marshal or a fire chief may, in addition to any other rights he or she may have under this Act, apply to a judge of the Superior Court of Justice for an order,

(a) requiring a person to comply with an inspection order made under section 21 or with an order made under section 25 or 26 if the person has failed to comply with the order; or

(b) requiring a person to remedy any contravention of a provision of the fire code. 1997, c. 4, s. 32 (1); 2002, c. 18, Sched. N, s. 8.

Powers of judge

(2)  Upon an application being made under subsection (1), a judge may make the order requested or such other order as he or she sees fit. 1997, c. 4, s. 32 (2).

Appeal

(3)  An appeal lies to the Divisional Court from the judge’s order. 1997, c. 4, s. 32 (3).

Fire Marshal to carry out inspection order

33.  (1)  If an order made under subsection 21 (1) or (2) or section 25 or 26 requires a thing to be done, an inspector may apply to the Fire Safety Commission for an order authorizing him or her to cause the thing to be done. 1997, c. 4, s. 33 (1).

Hearing

(2)  Upon receiving an application under subsection (1), the Fire Safety Commission shall appoint a time for and hold a hearing. 1997, c. 4, s. 33 (2).

Consolidation of hearings