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Fire Protection and Prevention Act, 1997
Loi de 1997 sur la prévention et la protection contre l’incendie

ONTARIO REGULATION 364/13

MANDATORY INSPECTION — FIRE DRILL IN VULNERABLE OCCUPANCY

Consolidation Period:  From December 16, 2014 to the e-Laws currency date.

Last Amendment: O. Reg. 276/14.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“building” has the same meaning as in the fire code;

“care and treatment occupancy” has the same meaning as in the fire code;

“care occupancy” has the same meaning as in the fire code;

“Chief Fire Official” has the same meaning as in the fire code;

“inspector” means an inspector for the purposes of Part VI of the Act;

“retirement home” has the same meaning as in the fire code. O. Reg. 364/13, s. 1.

Mandatory inspection, fire drill in vulnerable occupancy

2. (1) If the Chief Fire Official is notified under Article 2.8.3.3. of Division B of the fire code that a fire drill will be carried out under Sentence 2.8.3.2.(6) of Division B of the fire code in a care occupancy, care and treatment occupancy or retirement home, the person described in subsection (2) shall ensure that,

(a) an inspector observes the fire drill; and

(b) an inspector conducts a fire safety inspection,

(i) in the care occupancy, care and treatment occupancy or retirement home in which the fire drill is carried out, and

(ii) if the fire safety systems, devices or structural elements of any other part of the building containing the care occupancy, care and treatment occupancy or retirement home affect the life safety of the care occupancy, care and treatment occupancy or retirement home, in that part of the building, too. O. Reg. 364/13, s. 2 (1); O. Reg. 276/14, s. 1.

(2) The person who must ensure that an inspector observes the fire drill and conducts a fire safety inspection under subsection (1) is,

(a) if the building is in a municipality, or a part of a municipality, for which a fire department has been established, the fire chief appointed for the fire department;

(b) if the building is in territory without municipal organization for which a fire department has been established, the fire chief appointed for the fire department;

(c) subject to clause (e), if the building is in a municipality, or a part of a municipality, for which no fire department has been established,

(i) the community fire safety officer appointed for the municipality or the part, or

(ii) if no community fire safety officer has been appointed, the head of the community fire safety team appointed for the municipality or the part;

(d) subject to clause (e), if the building is in territory without municipal organization for which no fire department has been established, the Fire Marshal;

(e) if the building is in an area for which no fire department has been established but that is the subject of an agreement under subsection 2 (5) of the Act providing for the area to receive fire protection services from a fire department situated outside the area, the person who is responsible under the agreement for fire protection services in the area. O. Reg. 364/13, s. 2 (2).

(3) The person described in subsection (2) shall ensure that the fire safety inspection required under subsection (1) is conducted in accordance with the directives, if any, issued by the Fire Marshal. O. Reg. 364/13, s. 2 (3).

Required information after inspection

3. (1) If the person ensuring that an inspector observes the fire drill and conducts a fire safety inspection under subsection 2 (1) is not the Fire Marshal, the person shall file the following information with the Fire Marshal in the form and manner and within the time period directed by the Fire Marshal:

1. The operating name of the care occupancy, care and treatment occupancy or retirement home in which the fire drill was carried out.

2. The street address of the care occupancy, care and treatment occupancy or retirement home.

3. The classification of the care occupancy, care and treatment occupancy or retirement home as a care occupancy, care and treatment occupancy or retirement home.

4. The date the fire drill was observed.

5. The date the fire safety inspection was conducted. O. Reg. 364/13, s. 3 (1).

(2) If the person ensuring that an inspector observes the fire drill and conducts a fire safety inspection under subsection 2 (1) is the Fire Marshal, he or she shall keep a record of the information described in subsection (1). O. Reg. 364/13, s. 3 (2).

4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 364/13, s. 4.