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

ONTARIO REGULATION 144/20

EXEMPTION FOR TEMPORARY HEALTH AND RESIDENTIAL FACILITIES

Consolidation Period: From April 27, 2022 to the e-Laws currency date.

Note: This Regulation is revoked on March 31, 2023. (See: O. Reg. 437/22, s. 2)

Last amendment: 437/22.

Legislative History: 592/20, 437/22.

This Regulation is made in English only.

Interpretation

1. In this Regulation,

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

“building code” means Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992;

“business and personal services occupancy” 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;

“construction” means doing anything in the erection, installation, extension or material alteration or repair of a building or structure, and includes the installation of a building unit that was fabricated or moved from elsewhere;

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

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

“temporary health or residential facility” means a building or structure that is used or intended to be used to provide, on a temporary basis for the purpose of responding to the COVID-19 pandemic and its effects, health care or sleeping accommodation, by or on behalf of,

(a)  any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019, or

(b)  any government, including, for greater certainty, a municipality. O. Reg. 437/22, s. 1.

Exemption from certain requirements in the Fire Code

2. Subject to section 4, a temporary health or residential facility is exempt from Articles 2.1.2.1., 2.1.2.2. and 2.9.1.1. and Part 9 of Division B of the fire code. O. Reg. 437/22, s. 1.

Classification of temporary health or residential facilities

3. For the purposes of applying the fire code, a temporary health or residential facility shall be classified by the Chief Fire Official as either a business and personal services occupancy, a care occupancy, a care and treatment occupancy or a residential occupancy in accordance with its principal use. O. Reg. 437/22, s. 1.

Application of Part 9 if no construction

4. If the conversion of all or part of an existing building or structure to a temporary health or residential facility takes place without construction, the requirements of Part 9 of Division B of the fire code that were applicable to the building or structure prior to the conversion continue to apply to the part of the building or structure that is occupied by the temporary health or residential facility. O. Reg. 437/22, s. 1.

Notification

5. An owner of a temporary health or residential facility shall notify the Chief Fire Official of the location of the temporary health or residential facility prior to or as soon as practicable after,

(a)  construction of the temporary health or residential facility begins; or

(b)  conversion of the building or structure into a temporary health or residential facility begins. O. Reg. 437/22, s. 1.