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ontario regulation 33/19

made under the

Fire Protection and Prevention Act, 1997

Made: January 17, 2019
Filed: March 14, 2019
Published on e-Laws: March 14, 2019
Printed in The Ontario Gazette: March 30, 2019

Amending O. Reg. 213/07

(FIRE CODE)

1. (1) Article 1.3.1.1. of Division A of Ontario Regulation 213/07 is revoked and the following substituted:

1.3.1.1. (1) Subject to Sentence (2), a farm building with an occupant load of not more than one person per 40 m2 of floor area during normal use and other premises on a farm used for farming purposes are exempt from the requirements of this Code.

(2) Where a floor area or portion of a floor area within a farm building contains a hazardous extraction operation involving cannabis, the floor area or portion of the floor area shall comply with Subsection 5.14.11. of Division B.

(2) Sentence 1.3.1.1.(2) of Division A of the Regulation, as made by subsection (1), is revoked and the following substituted:

(2) Where a floor area or portion of a floor area within a farm building contains a hazardous extraction operation involving cannabis, the floor area or portion of the floor area shall comply with Articles 2.7.1.1. and 2.7.2.2., Section 2.8, Part 4, Article 5.1.4.2. and Subsection 5.14.11. of Division B.

2. (1) Article 1.4.1.2. of Division A of the Regulation is amended by adding the following definition:

Hazardous extraction means a process to remove or separate a substance from a solution or mixture that involves the use of flammable liquids, combustible liquids or flammable gases as solvents in the process.

(2) The definition of “Retirement home” in Article 1.4.1.2. of Division A of the Regulation is amended by striking out “regardless of whether it is a care occupancy or a residential occupancy” at the end.

3. Article 1.5.1.1. of Division A of the Regulation is amended by adding “or to the risk created by the presence of unsafe levels of carbon monoxide” at the end.

4. Sentence 2.1.1.1.(2) of Division A of the Regulation is amended by adding “or to the risk created by the presence of unsafe levels of carbon monoxide” at the end.

5. Article 3.1.1.1. of Division A of the Regulation is amended by striking out “1.2.1.1.” and substituting “1.2.2.1.”.

6. Subsection 1.1.2. of Division B of the Regulation is revoked and the following substituted:

Subsection 1.1.2.  Records of Tests and Inspections

Making of records

1.1.2.1. (1) If this Code requires tests and corrective measures or operational procedures to be carried out, records shall be made noting what was done and the date and time it was done.

(2) If this Code requires an inspection to be conducted in a supported group living residence or an intensive support residence regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, a written record shall be made noting what was inspected and the date and time of the inspection.

(3) The written records described in Sentences (1) and (2) shall be retained at the building premises for examination by the Chief Fire Official.

Retention of records

1.1.2.2. (1) Subject to Sentence (2), the original or a copy of any record required by this Code shall be retained at the building to which the record relates

(a) for a period of at least two years after being prepared, and

(b) so that at least the most recent and the immediately preceding record of a given test or inspection are retained.

(2) The initial verification or test reports for fire protection systems installed after November 21, 2007 shall be retained throughout the life of the systems, regardless of whether the systems are installed in accordance with this Code or the Building Code.

7. (1) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

 

NFPA

72-1993

Standard for the Installation, Maintenance, and Use of Protective Signaling Systems

6.3.1.2.(5)

and substituting,

 

NFPA

72-2013

National Fire Alarm and Signaling Code

6.3.1.2.(5)

(2) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

 

NFPA

91-2010

Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids

4.1.7.2.(5)

4.12.8.4.(1)

5.10.2.1.

and substituting,

 

NFPA

91-2010

Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids

4.1.7.2.(5)

4.12.8.4.(1)

5.1.4.2.(1)

5.10.2.1.

(3) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

 

OFMEM

Fire Code Supplement FCS-1, January 2015

Objectives and Functional Statements Attributed to the Acceptable Solutions

1.2.2.1.(1), (2) and (3) of Division A

4.1.1.4.(4)

1.3.2.2.(1) and (2) of Division C

and substituting,

 

OFMEM

Fire Code Supplement FCS-1, December 2018

Objectives and Functional Statements Attributed to the Acceptable Solutions

1.2.2.1.(1), (2) and (3) of Division A

4.1.1.4.(4)

1.3.2.2.(1) and (2) of Division C

8. Sentence 2.4.4.1.(2) of Division B of the Regulation is revoked and the following substituted:

(2) Open flames shall not be used in dining areas in care occupancies, care and treatment occupancies and retirement homes.

9. Sentence 2.4.4.2.(1) of Division B of the Regulation is revoked and the following substituted:

(1) Flaming meals or drinks shall not be served in care occupancies, care and treatment occupancies and retirement homes.

10. Articles 2.7.1.1. to 2.7.1.3. of Division B of the Regulation are revoked and the following substituted:

Open floor areas

2.7.1.1. (1) Aisles in conformance with Sentences (2) to (4) shall be provided in every floor area in a mercantile occupancy and a business and personal services occupancy, and in a floor area or portion of a floor area containing a hazardous extraction operation, that

(a) is not subdivided into rooms or suites served by corridors giving access to exits, and

(b) is required to have more than one exit.

(2) Every required exit shall be served by an aisle that

(a) has a clear width not less than 1100 mm,

(b) has access to at least one additional exit, and

(c) at every point in the aisle provides a choice of two directions by which to reach an exit.

(3) A subsidiary aisle with only a single direction of travel to an aisle described in Sentence (2) is permitted if it has a clear width not less than 900 mm and a length that is not greater than 7.5 m.

(4) Every individual work area in a business and personal services occupancy shall be located adjacent to an aisle or subsidiary aisle.

2.7.1.2. RESERVED

2.7.1.3. RESERVED

11. Sentence 2.7.2.2.(1) of Division B of the Regulation is revoked and the following substituted:

(1) Subject to Sentences (2) and (3), and unless otherwise approved, locking, latching and other fastening devices shall be such that a door can be readily opened from the inside with no more than one releasing operation and without requiring keys, special devices or specialized knowledge of the door opening mechanism on

(a) every required exit door, and

(b) every door that is in an access to exit and that opens into or is located within

(i) a public corridor,

(ii) a facility that provides access to exit from a suite,

(iii) a facility that provides access to exit from a room serving patients or residents in a care occupancy, care and treatment occupancy or retirement home, or

(iv) a floor area, or portion of a floor area, that contains a hazardous extraction operation.

12. Sentence 2.8.1.1.(2) of Division B of the Regulation is revoked and the following substituted:

(2) This Section also applies to buildings or premises

(a) containing 4 storeys or more, counting storeys below grade,

(b) to which Subsection 3.2.1. applies,

(c) to which Article 4.1.5.6. applies,

(d) to which Article 4.12.4.1. applies,

(e) to which Subsection 5.14.11. applies,

(f) to which Section 9.3 applies,

(g) to which Sentence 9.5.3.1.(3) applies,

(h) used as a convalescent home or children’s custodial home providing sleeping accommodation for more than three persons, or

(i) that have a contained use area or an impeded egress zone.

13. Sentence 2.8.3.2.(2) of Division B of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause:

(f) a retirement home.

14. Article 4.3.15.2. of Division B of the Regulation is revoked and the following substituted:

4.3.15.2. RESERVED

15. Clause 4.3.12.7.(1)(c) of the Regulation is amended by striking out “Class 1” and substituting “Class I”.

16. Sentence 4.3.16.1.(4) of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

17. Article 4.4.6.2. of Division B of the Regulation is revoked and the following substituted:

4.4.6.2. RESERVED

18. Subsection 5.1.4. of Division B of the Regulation is amended by adding the following Article:

Ventilation of processes using flammable gas

5.1.4.2. (1) Subject to Sentence (2), operations involving the use of flammable gas shall be provided with continuous mechanical ventilation that

(a) is sufficient to ensure that flammable gas concentrations outside any zone identified as Class I, Zone 2 in accordance with the Electrical Safety Code made under the Electricity Act, 1998, do not exceed 25% of the lower explosive limit of the flammable gas,

(b) contains automatic interlocks so that the processes using flammable gas cannot be performed when the ventilation system is not in operation,

(c) is provided with an audible alarm in an attended area that activates upon shutdown of the ventilation system,

(d) conforms to NFPA 91, “Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists and Noncombustible Particulate Solids”,

(e) is not used for any purpose other than ventilation and exhaust,

(f) is kept free of obstructions that may interfere with its operation, and

(g) if it recirculates exhaust air, is provided with a fail-safe gas detection and alarm system that continuously monitors the flammable gas concentration in the exhaust air, so that if the flammable gas concentration in the exhaust air exceeds 25% of the lower explosive limit, the system will

(i) sound an alarm in an attended area,

(ii) stop the recirculation of air, and

(iii) redirect the exhaust air to an outdoor location.

(2) Sentence (1) does not apply to operations where flammable gas is only used as a fuel.

19. Article 5.14.6.8. of Division B of the Regulation is amended by striking out “5.5.1.2.” and substituting “5.10.1.2.”.

20. Section 5.14 of the Division B of the Regulation is amended by adding the following Article:

Subsection 5.14.11.  Hazardous Extraction Operations

Application

5.14.11.1. This subsection applies to hazardous extraction operations.

Prohibited locations

5.14.11.2. A hazardous extraction operation shall not be performed

(a) in a basement, or

(b) in a building containing a residential occupancy.

21. Sentence 6.3.1.2.(5) of Division B of the Regulation is amended by striking out “Chapter 4 of NFPA 72, “Standard for the Installation, Maintenance, and Use of Protective Signaling Systems”” and substituting “NFPA 72, “National Fire Alarm and Signaling Code””.

22. (1)  Clause 6.3.2.2.(4)(b) of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

(2) Sentence 6.3.2.2.(5) of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

23. Sentence 6.3.2.6.(7) of Division B of the Regulation is revoked.

24. Sentence 6.4.3.7.(4) of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

25. Article 6.6.5.8. of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

26. Article 6.7.1.3. of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” and substituting “Subsection 1.1.2.”.

27. Article 6.8.2.2. of Division B of the Regulation is amended by striking out “Article 1.1.2.1.” at the end and substituting “Subsection 1.1.2.”.

28. The heading to Part 7 of Division B of the Regulation is amended by adding “Notification” after “Testing”.

29. The heading to Section 7.2 of Division B of the Regulation is amended by adding “Notification” after “Testing”.

30. Subsection 7.2.2. of Division B of the Regulation is amended by adding the following Article:

Out of service requirements

7.2.2.2. (1) If a firefighters’ elevator is not operational

(a) the supervisory staff shall be notified, and

(b) where the firefighters’ elevator is not operational for more than 24 hours, the fire department and the building occupants shall be notified by means of the procedure established under Sentence (2).

(2) A procedure of notification shall be established that may be used when a firefighters’ elevator is out of service, and the procedure must include notifying the fire department and building occupants.

31. Article 8.1.2.5. of Division B of the Regulation is amended by striking out “5.11” at the end and substituting “5.17”.

32. Sentence 9.1.3.1.(1) of Division B of the Regulation is amended by striking out “or hospital”.

33. Clause 9.7.2.1.(2)(b) of Division B of the Regulation is revoked and the following substituted:

(b) in buildings where all of the corridors referred to in Sentence (1) are subdivided in accordance with Sentence (3).

34. Sentence 9.9.2.19.(1) of Division B of the Regulation is amended by striking out “2.6.1.13.(1)” at the end and substituting “2.6.1.12.(1)”.

Commencement

35. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2) and 7 (2) and sections 10, 11, 12, 18, 28, 29 and 30 come into force on the later of July 1, 2019 and the day this Regulation is filed.

Made by:

Sylvia Jones

Minister of Community Safety and Correctional Services

Date made: January 17, 2019