ontario regulation 505/24

made under the

Fire Protection and Prevention Act, 1997

Made: December 4, 2024
Filed: December 6, 2024
Published on e-Laws: December 9, 2024
Published in The Ontario Gazette: December 21, 2024

compliance Extension FOR LONG-TERM CARE HOMES

Definitions

1. In this Regulation,

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

“building code” means the building code as defined in the Building Code Act, 1992; (“code du bâtiment”)

“Chief Fire Official” has the same meaning as in the fire code; (“chef de la sécurité-incendie”)

“development agreement” has the same meaning as in section 1 of Ontario Regulation 246/22 (General) made under the Fixing Long-Term Care Act, 2021; (“entente de développement”)

“inspection” has the same meaning as in the fire code; (“inspection”)

“licensee” has the same meaning as in subsection 2 (1) of the Fixing Long-Term Care Act, 2021; (“titulaire de permis”)

“long-term care home” has the same meaning as in subsection 2 (1) of the Fixing Long-Term Care Act, 2021; (“foyer de soins de longue durée”)

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

“sprinklered” means that a building complies with the requirements of Article 9.4.5.5. of Division B of the fire code or with the sprinkler requirements for care and treatment occupancies in the building code”; (“protégé par gicleurs”)

“supervisory staff” has the same meaning as in the fire code; (“personnel de surveillance”)

“test” has the same meaning as in the fire code. (“essai”)

Application

2. (1) Subject to subsection (2), this Regulation applies to a long-term care home if, before January 1, 2025, the home does not meet the requirements of Article 9.4.5.5. of Division B of the fire code and the licensee of the home meets one of the following requirements:

1. The licensee has entered into a contract to have the home sprinklered on or before July 1, 2026.

2. The licensee has done both of the following:

i. The licensee has entered into a development agreement that meets the following criteria:

A. The agreement is with respect to the redevelopment of the beds of the long-term care home at the existing location of the home or at a different location.

B. The terms of the agreement require construction to be carried out in accordance with the building code.

C. The terms of the agreement require construction to be completed by a date that is on or before July 1, 2026.

ii. The licensee has received approval in writing from the Minister of Long-Term Care to commence construction under the development agreement.

3. The licensee has entered into a closure agreement for the home under subsection 361 (5) of Ontario Regulation 246/22 of the Fixing Long-Term Care Act, 2021.

(2) This Regulation ceases to apply to a long-term care home in any of the following circumstances:

1. The development agreement that the licensee of the home entered into and that is referred to in subparagraph 2 i of subsection (1) is terminated.

2. The approval of the Minister of Long-Term Care that the licensee of the home received in accordance with subparagraph 2 ii of subsection (1) expires.

3. The home meets the requirements of Article 9.4.5.5. of Division B of the fire code.

Extended compliance time

3. (1) Despite Sentence 9.1.3.1.(1) of Division B of the fire code and subject to subsection (2) of this section, the owner of a building containing a long-term care home to which this Regulation applies is not required to comply with Article 9.4.5.5. of Division B of the fire code as of January 1, 2025, and instead the owner shall ensure compliance with that Article as of July 1, 2026.

(2) The extended compliance timeline in subsection (1) is subject to the following conditions:

1. The owner shall ensure that at least one of the supervisory staff is on duty and present on each floor of the home at all times and at least one of those supervisory staff is assigned to meet the following fire watch duty requirements:

i. The supervisory staff member must be familiar with the fire emergency procedures documented in the fire safety plan.

ii. The supervisory staff member must tour the building at least once during each four-hour period to ensure that means of egress are kept clear and that fire hazards are noted and addressed, as appropriate.

2. The owner shall ensure that, on or after January 31, 2025, all supervisory staff that are on duty and present in the home in accordance with paragraph 1 have successfully completed the Fire Safety Planning eLearning: Training for Supervisory Staff, hosted by the Public Services Health and Safety Association.

3. The owner shall submit a certificate or other document attesting to each supervisory staff member’s successful completion of the training referred to in paragraph 2 to the Chief Fire Official within 15 days after the day the staff member has completed the training.

4. The owner shall ensure that the requirements of Sentence 2.8.3.2.(6) of Division B of the fire code are carried out at least once during each three-month period.

5. The owner shall ensure that the fire alarm system inspection and testing requirements that are mandated by Sentence 6.3.2.2.(1) of Division B of the fire code to be carried out annually are instead carried out at least once during each six-month period.

6. The owner shall ensure that the voice communication system test requirements that are mandated by Article 6.3.2.4. of Division B of the fire code to be carried out annually are instead carried out at least once during each six-month period.

7. The owner shall submit a record attesting to the completion of the requirements referred to in paragraphs 5 and 6 to the Chief Fire Official within 15 days after the day the owner receives the record from the service provider who performed the testing.

8. The owner shall ensure that one 2A:10B:C rated multi-purpose portable extinguisher is provided at each nurses station where staff carry out their administrative duties.

4. This Regulation is revoked.

Commencement

5. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 to 3 come into force on the later of January 1, 2025 and the day this Regulation is filed.

(3) Section 4 comes into force on July 1, 2026.

Made by:
Pris par :

Le solliciteur général,

Michael Kerzner

Solicitor General

Date made: December 4, 2024
Pris le : 4 décembre 2024