Interpretation

18 For the purposes of this Part, fire safety includes the following:

1. 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.
2. Safety from the risk that the presence of unsafe levels of carbon monoxide on premises would seriously endanger the health and safety of any person. 2013, c. 14, s. 4.

Section Amendments with date in force (d/m/y)
2013, c. 14, s. 4 – 15/10/2014

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.

Section Amendments with date in force (d/m/y)
1998, c. 15, Sched. E, s. 12 – 01/04/1999

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).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 4 (1, 2) – 26/11/2002

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).

Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 5 (1, 2) – 26/11/2002

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.