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

ONTARIO REGULATION 365/13

MANDATORY ASSESSMENT OF COMPLAINTS AND REQUESTS FOR APPROVAL

Consolidation Period: From January 1, 2014 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Regulation,

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

“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;

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

“retirement home” has the same meaning as in the fire code. O. Reg. 365/13, s. 1.

Mandatory assessment after complaint

2. (1) If a person described in subsection (2) receives a complaint about the fire safety of a building, he or she shall assess the complaint and determine whether it would be advisable to conduct a fire safety inspection in the building or a part of the building as a result of the complaint. O. Reg. 365/13, s. 2 (1).

(2) The person who is required by subsection (1) to assess the complaint and determine whether it would be advisable to conduct a fire safety inspection in the building or a part of the building as a result of the complaint 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. 365/13, s. 2 (2).

(3) In assessing a complaint under subsection (1), the person described in subsection (2) shall comply with the directives, if any, issued by the Fire Marshal. O. Reg. 365/13, s. 2 (3).

(4) If, after assessing the complaint, the person described in subsection (2) determines that it would be advisable to conduct a fire safety inspection in the building or a part of the building, the person shall ensure that an inspector conducts the fire safety inspection. O. Reg. 365/13, s. 2 (4).

(5) The person described in subsection (2) shall ensure that the fire safety inspection conducted under this section is conducted in accordance with the directives, if any, issued by the Fire Marshal. O. Reg. 365/13, s. 2 (5).

Mandatory assessment after request for approval

3. (1) If a Chief Fire Official receives a request made by or on behalf of an owner of a building for approval of anything that the fire code requires to be approved or permits to be approved, the Chief Fire Official shall assess the request and determine whether it would be advisable to conduct a fire safety inspection in the building or a part of the building in order to decide whether to grant or refuse the approval. O. Reg. 365/13, s. 3 (1).

(2) In assessing a request under subsection (1), the Chief Fire Official shall comply with the directives, if any, issued by the Fire Marshal. O. Reg. 365/13, s. 3 (2).

(3) If, after assessing the request, the Chief Fire Official determines that it would be advisable to conduct a fire safety inspection in the building or a part of the building in order to decide whether to grant or refuse the approval, he or she shall ensure that an inspector conducts the fire safety inspection. O. Reg. 365/13, s. 3 (3).

(4) The Chief Fire Official shall ensure that the fire safety inspection conducted under this section is conducted in accordance with the directives, if any, issued by the Fire Marshal. O. Reg. 365/13, s. 3 (4).

Required information, vulnerable occupancies

4. (1) This section applies if a fire safety inspection is conducted under section 2 or 3 in a care occupancy, care and treatment occupancy or retirement home. O. Reg. 365/13, s. 4 (1).

(2) If the person ensuring that the fire safety inspection is conducted in the care occupancy, care and treatment occupancy or retirement home 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.

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 safety inspection was conducted. O. Reg. 365/13, s. 4 (2).

(3) If the person ensuring that the fire safety inspection is conducted in the care occupancy, care and treatment occupancy or retirement home is the Fire Marshal, he or she shall keep a record of the information described in subsection (1). O. Reg. 365/13, s. 4 (3).

5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 365/13, s. 5.