SECTION 1.3 ADMINISTRATIVE PROVISIONS

Subsection 1.3.1.  Required Testing

Tests by owner

1.3.1.1.  Where a building or its contents must be tested for compliance with this Code, the tests shall be carried out by the owner or the owner’s agent within such reasonable time as the Chief Fire Official may determine.

Tests by Chief Fire Official

1.3.1.2.  (1)  The tests referred to in Article 1.3.1.1. may also be carried out by the Chief Fire Official.

(2)  The Chief Fire Official shall only take such samples as are necessary in the circumstances in order to carry out the tests referred to in Article 1.3.1.1.

Subsection 1.3.2.  Alternative Solutions

Approval

1.3.2.1.  An alternative solution shall be submitted to the Chief Fire Official for review and approval.

Documentation

1.3.2.2.  (1)  An alternative solution submitted to the Chief Fire Official under Article 1.3.2.1. shall be accompanied by supporting documentation that demonstrates that the alternative solution meets the objectives and satisfies the functional statements attributed to the acceptable solution it is proposed to replace, as set out in Division A and OFMEM Fire Code Supplement FCS-1, “Objectives and Functional Statements Attributed to Acceptable Solutions”.

(2)  The documentation referred to in Sentence (1) shall include

(a)   an analysis outlining the analytical methodology and rationale used to determine that a proposed alternative solution will achieve at least the minimum level of performance intended by the applicable acceptable solution in Division B in respect of the objectives and functional statements attributed to the acceptable solution as identified in Division A and OFMEM Fire Code Supplement FCS-1, “Objectives and Functional Statements Attributed to Acceptable Solutions”, and
(b)   information concerning any additional check, inspection, test, maintenance or operational requirements, including any commissioning requirements, and schedules not otherwise specifically addressed in Division B.

(3)  The analysis referred to in Clause (2)(a) shall identify the acceptable solution that the alternative solution is proposed to replace, the objectives and functional statements attributed to that acceptable solution, and any assumptions, limiting or restricting factors, engineering studies or building performance parameters in order to allow for an assessment of compliance with this Code by the Chief Fire Official.

(4)  The information provided under Sentence (3) shall be in sufficient detail to convey the design intent and to support the validity, accuracy, relevance and precision of the analysis.

(5)  An alternative solution shall bear the signature and seal of a Professional Engineer or Architect, or both.

Review

1.3.2.3.  (1)  The Chief Fire Official shall, within 45 days after the receipt of an alternative solution submitted under Article 1.3.2.2., review the alternative solution for compliance with this Code and notify the owner or the owner’s agent of the decision in writing.

(2)  Where an alternative solution is not approved, the Chief Fire Official shall include the reasons in the decision.

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

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

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

Implementation

1.3.2.4.  Approved alternative solutions referred to in this Subsection and the requirements referred to in Clause 1.3.2.5.(3)(b) shall be implemented.

Records

1.3.2.5.  (1)  Documentation for every

(a)   approved alternative solution to this Code, and
(b)   alternative solution, as defined in the Building Code, with respect to fire safety

shall be kept on the premises to which it relates and be made available to the Chief Fire Official upon request.

(2)  The documentation referred to in Sentence (1) shall be retained for as long as necessary to demonstrate compliance with this Code and the Building Code, as applicable.

(3)  The check, inspection, test, maintenance and operational requirements

(a)   referred to in Clause 1.3.2.2.(2)(b), or
(b)   forming part of an alternative solution, as defined in the Building Code, with respect to fire safety, where such requirements are not otherwise specifically addressed in Division B

shall be included in the fire safety plan where such a plan is required under Section 2.8 of Division B.