Fire Code (Enacting Regulations)

From Riverview Legal Group


Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4

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 standards for equipment, systems, buildings, structures, land and premises, as those standards relate to fire safety or the risk created by the presence of unsafe levels of carbon monoxide. 2013, c. 14, s. 3.

Same

(1.1) A regulation made under this section may,
(a) prescribe any method, matter or thing relating to fire protection;
(b) prescribe any method, matter or thing relating to protection against the presence of unsafe levels of carbon monoxide;
(c) govern 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;
(d) govern standards for reducing the risk of, or consequences of, the presence of unsafe levels of carbon monoxide 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;
(e) require and regulate fire protection equipment and systems and govern the maintenance of the equipment and systems;
(f) require and regulate protection equipment and systems related to the presence of unsafe levels of carbon monoxide and govern the maintenance of the equipment and systems;
(g) require and regulate means of egress, separations, finish materials, furnishings and decorations, standards of housekeeping and heating, ventilation, air conditioning and incinerating equipment and systems;
(h) control or prohibit any material, substance, equipment or system affecting fire safety;
(i) control or prohibit any material, substance, equipment or system affecting safety from the presence of unsafe levels of carbon monoxide;
(j) require and regulate procedures respecting fire safety and the keeping and furnishing of records and reports;
(k) require and regulate procedures respecting safety from the presence of unsafe levels of carbon monoxide and the keeping and furnishing of records and reports;
(l) require the approval of the Fire Marshal or of a prescribed person respecting any method, matter or thing;
(m) require notice to be given to the Fire Marshal or to a prescribed person respecting any change in use or occupancy;
(n) prescribe conditions for use, occupation or demolition;
(o) exempt any class of building, structure, lands or premises from compliance with the regulations or any provision of them and attach terms and conditions to the exemptions;
(p) govern the qualifications and training of persons servicing, maintaining, testing or repairing fire protection devices, equipment or systems and the licensing of those persons;
(q) govern the qualifications and training of persons servicing, maintaining, testing or repairing protection devices, equipment or systems related to the presence of carbon monoxide and the licensing of those persons;
(r) adopt by reference, in whole or in part, with the changes that the Minister considers necessary, any code or standard and require compliance with any code or standard that is so adopted. 2013, c. 14, s. 3.

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. 1997, c. 4, s. 12 (2).

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. 1997, c. 4, s. 12 (3).

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. 1997, c. 4, s. 12 (4).

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 (5).