SECTION 9.1  GENERAL

Subsection 9.1.1.  General

Scope

9.1.1.1.  This Part provides for the upgrading of existing buildings through retrofit.

Compliance

9.1.1.2.  (1)  The requirements of this Part shall be satisfied

(a)   by implementing the requirements of the applicable Section, or
(b)   by implementing an approved Life Safety Study in accordance with Subsection 9.1.4.

Approved alternatives

9.1.1.3.  A requirement of this Part is deemed to be complied with if materials, equipment or systems are approved that, in the opinion of the Chief Fire Official, will provide protection for life safety similar to the protection provided by compliance with the requirement.

Subsection 9.1.2.  Application

Application

9.1.2.1.  The requirements for buildings that are covered by this Part shall be determined by their occupancies as regulated in the appropriate Sections in this Part.

Exemptions

9.1.2.2.  (1)  This Part does not apply to a building that contains a residential occupancy, consisting of no more than one dwelling unit, and no other major occupancy.

(2)  Except for Article 9.4.5.5. and Sections 9.7 and 9.9, this Part does not apply to a building or part of a building that satisfies the requirements of the Building Code.

(3)  Section 9.7 does not apply to a building or part of a building that contains a care occupancy, if the building or part of the building satisfies the requirements for a care occupancy contained in the Building Code as it read at any time on or after April 6, 1998.

(4)  Section 9.7 does not apply to a building or part of a building that contains a retirement home, if the building or part of the building satisfies the requirements for a retirement home contained in the Building Code as it read at any time on or after January 1, 2014.

(5)  Section 9.9 does not apply to a building or part of a building that satisfies the requirements of the Building Code as it read at any time on or after July 1, 1993.

(6)  Sections 9.2 to 9.9 do not apply to a building with respect to which the Chief Fire Official has granted an exemption under a predecessor of this Regulation during such period as the exemption is valid.

Subsection 9.1.3.  Schedule of Compliance

Compliance time for health care facilities, care occupancies and retirement homes

9.1.3.1.  (1)  It is the responsibility of the owner of a building containing a home described in Section 9.4 to comply with Article 9.4.5.5. as of January 1, 2025.

(2)  It is the responsibility of the owner of a building to which Section 9.7 applies to comply with

(a)       Article 9.7.4.3. as of March 1, 2014,
(b)       Articles 9.7.3.1., 9.7.4.1. and 9.7.4.2. as of January 1, 2015,
(c)       Articles 9.7.2.1. and 9.7.4.4. as of January 1, 2016, and
(d)       Article 9.7.5.1. as of January 1, 2019.

Extension of time

9.1.3.2.  If compliance is not possible by the date required under Article 9.1.3.1. because of a strike, material shortage or other circumstances beyond an owner’s control, the Chief Fire Official may grant an extension of the time for compliance.

Subsection 9.1.4.  Life Safety Study

Life Safety Study

9.1.4.1.  (1)  A Life Safety Study is a proposal to the Chief Fire Official that consists of

(a)   a detailed assessment of the life safety performance requirements, clearly identifying items not meeting the requirements of this Part,
(b)   a detailed description of how an acceptable level of life safety can be achieved, and
(c)   a detailed time schedule to implement the provisions of Clause (b).

Contents

9.1.4.2.  (1)  A Life Safety Study shall deal with, but is not limited to

(a)   containment, including

(i)   fire separations,
(ii)   firewalls,
(iii)   construction assemblies,
(iv)   occupancy separations, and
(v)   interior finishes,

(b)   detection, including

(i)   alarm and detection systems, and
(ii)   voice communication systems,

(c)   suppression, including

(i)   fire department access,
(ii)   standpipe and hose systems,
(iii)   sprinkler or special fire suppression systems, and
(iv)   firefighters’ elevators, and

(d)   egress, including

(i)   the number, type, access to, direction to, lighting for and identification of exits,
(ii)   fire escapes,
(iii)   occupant load, and
(iv)   emergency lighting.

Signature and seal

9.1.4.3.  A Life Safety Study shall bear the signature and seal of a Professional Engineer or Architect, or both.

Time schedule

9.1.4.4.  The time schedule referred to in Clause 9.1.4.1.(1)(c) may provide for a compliance date after the compliance date required by Article 9.1.3.1.

Extension of time

9.1.4.5.  An owner or the owner’s agent may apply to the Chief Fire Official for an extension of the compliance date to permit time for a Life Safety Study to be submitted.

Extension following Order

9.1.4.6.  (1)  Where an owner or the owner’s agent has received an Order that requires compliance with this Part, the owner or the owner’s agent may apply within five days of receipt of the Order to the Chief Fire Official to extend the time for compliance pending submission of a Life Safety Study.

(2)  Upon receipt of the application referred to in Sentence (1), the Chief Fire Official shall, within 10 days, review the application and either grant or refuse an extension of the time for compliance to permit submission of a Life Safety Study.

(3)  The Chief Fire Official shall notify the owner or the owner’s agent of the Chief Fire Official’s decision in writing.

(4)  Notification shall be served either personally or by mail.

(5)  Where notification is by mail, it is deemed to have been served on the fifth day after the date of mailing.

(6)  An owner or the owner’s agent, within five days of being notified of a refusal to grant an extension of the time to submit a Life Safety Study, may request the reasons for the refusal in writing.

(7)  The Chief Fire Official shall comply with the request referred to in Sentence (6) within 10 days after receipt thereof.

(8)  An owner or the owner’s agent who feels aggrieved by a decision to refuse an extension of time to submit a Life Safety Study may, within 30 days of the refusal, appeal the refusal in the same manner as though it were an Order.

Review

9.1.4.7.  (1)  Despite any other Order that requires compliance with this Part, the Chief Fire Official shall, within 30 days after receiving a Life Safety Study, review the Life Safety Study for implementation.

(2)  Where a Life Safety Study is approved for implementation, the Chief Fire Official shall notify the owner or the owner’s agent of the decision in writing.

(3)  Where a Life Safety Study is not approved, the Chief Fire Official shall advise the owner or the owner’s agent of the decision and the reasons therefor in writing.

(4)  Notification shall be served either personally or by mail.

(5)  Where notification is by mail, it is deemed to have been served on the fifth day after the date of mailing.

(6)  An owner or the owner’s agent who feels aggrieved by a decision not to approve a Life Safety Study may, within 30 days of the refusal, appeal the decision in the same manner as though it were an Order.

(7)  Despite any other provision of this Part, a Life Safety Study that has been approved and implemented is deemed to satisfy an Order requiring compliance with this Part and made with respect to the same premises before the Life Safety Study was accepted.

Records

9.1.4.8.  A copy of an approved Life Safety Study shall be kept on the premises to which it relates and be made available to the Chief Fire Official upon request.