FIRE CODE ENFORCEMENT POLICY GARY LAFRAMBOISE CHIEF FIRE PREVENTION OFFICER

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1 FIRE CODE ENFORCEMENT POLICY GARY LAFRAMBOISE CHIEF FIRE PREVENTION OFFICER

2 Policy vs. Guideline Policies Mandatory Guidelines Not mandatory

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5 8. Officers shall issue the appropriate inspection order to the owner as soon as possible following the PROCEDURE: 1. The Officer shall ensure that they have entered the land or premises lawfully and in compliance with the requirements as outlined in Part VI of the FPPA. 2. If an inspection is to be conducted as a result of a request from an owner or potential purchaser, they will be encouraged to correct any violations prior to having the inspection completed. 3. Officers shall ensure that they attend each inspection with a means to document their observations. Officers shall have a camera available for taking photographs of noted violations. BlackBerries are acceptable for taking photographs. 4. Officers shall ensure that their notes include the date, time of arrival, property address, occupancy type/description, reason for the inspection, the persons that they have spoken with and their position, any observed violations, as well as the time of completion of the inspection (off site). Notes will be completed at the time of the inspection or as soon as practical. 5. Officers shall ensure that all inspections are appropriately logged in the FDM system within one working day, or as soon as practical. FDM notes will be a synopsis of the Officer s notes 6. Any violations that are a severe hazard shall be resolved immediately or alternative measures instituted by the owner. For example, an owner may be directed to unlock a locked exit door, or establish a fire watch pending repair of a fire alarm system. Where temporary measures are implemented a note regarding these measures shall be made. 7. Where a risk of fire poses an immediate threat to life, the provisions of Section 15 of the FPPA shall be used where appropriate.

6 5. Officers shall ensure that all inspections are appropriately logged in the FDM system within one working day, or as soon as practical. FDM notes will be a synopsis of the Officer s notes 6. Any violations that are a severe hazard shall be resolved immediately or alternative measures instituted by the owner. For example, an owner may be directed to unlock a locked exit door, or establish a fire watch pending repair of a fire alarm system. Where temporary measures are implemented a note regarding these measures shall be made. 7. Where a risk of fire poses an immediate threat to life, the provisions of Section 15 of the FPPA shall be used where appropriate. 8. Officers shall issue the appropriate inspection order to the owner as soon as possible following the inspection. Officers can issue a notice of intent with the list of violations to assist the owner with correcting the violations prior to issuing the inspection order. The box on the notice of intent shall be checked advising the owner that an inspection order will be issued. 9. Compliance time provided to correct the violations identified on the inspection order shall be at the discretion of the Officer taking into account the nature of the violation, requirements to obtain drawings/permits and physical time to complete the work. Public and firefighter safety shall be the primary consideration when establishing a compliance date. 10. Both a title and corporate search will be completed prior to issuing an order. In the case of multiple owners, each owner will be issued separate orders. 11. A separate inspection order shall be issued in cases where more than one compliance date is stipulated or when dealing with more than one owner. OAKVILLE FIRE DEPARTMENT Policies and Procedures Page 1 \

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8 5. Officers shall ensure that all inspections are appropriately logged in the FDM system within one working day, or as soon as practical. FDM notes will be a synopsis of the Officer s notes 6. Any violations that are a severe hazard shall be resolved immediately or alternative measures instituted by the owner. For example, an owner may be directed to unlock a locked exit door, or establish a fire watch pending repair of a fire alarm system. Where temporary measures are implemented a note regarding these measures shall be made. 7. Where a risk of fire poses an immediate threat to life, the provisions of Section 15 of the FPPA shall be used where appropriate. 8. Officers shall issue the appropriate inspection order to the owner as soon as possible following the inspection. Officers can issue a notice of intent with the list of violations to assist the owner with correcting the violations prior to issuing the inspection order. The box on the notice of intent shall be checked advising the owner that an inspection order will be issued. 9. Compliance time provided to correct the violations identified on the inspection order shall be at the discretion of the Officer taking into account the nature of the violation, requirements to obtain drawings/permits and physical time to complete the work. Public and firefighter safety shall be the primary consideration when establishing a compliance date. 10. Both a title and corporate search will be completed prior to issuing an order. In the case of multiple owners, each owner will be issued separate orders. 11. A separate inspection order shall be issued in cases where more than one compliance date is stipulated or when dealing with more than one owner. OAKVILLE FIRE DEPARTMENT Policies and Procedures Page 1 \

9 Policies and Procedures 12. When minor fire code violations (such as an exit sign not being illuminated) are observed, an or the notice of intent form can be used. Once issued the owner will still be responsible for correcting the violations. 13. If the owner indicates that they refuse or are unwilling to comply with the requirements of the Ontario Fire Code they shall be advised that the file will be immediately forwarded to the Legal Department for prosecution. 14. All inspection orders shall be served on the owner by regular mail or other method as outlined in Section 24 and 77 of the FPPA. 15. In cases where the owner is served with an inspection order by posting it at the premise the order shall be posted in a conspicuous location (usually the front entrance). The Officer shall take a picture of the posted order for the file. 16. In all cases where an order is posted a copy shall also be sent by regular mail or other method. 17. If the owner or occupant is present they shall be advised that a posted order may not be removed from the building. 18. A copy of the order shall be provided to the Building Department when a building permit is required and the appropriate box will be checked off on the order indicating that a copy has been given to the Building Department. 19. Where a mailed order is returned, this information shall be recorded in the FDM system. 20. Officers shall be cautious of becoming consultants when dealing with fire code violations. 21. Officers shall not provide recommendations for consultants or contractors when dealing with fire code violations.

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11 Policies and Procedures 12. When minor fire code violations (such as an exit sign not being illuminated) are observed, an or the notice of intent form can be used. Once issued the owner will still be responsible for correcting the violations. 13. If the owner indicates that they refuse or are unwilling to comply with the requirements of the Ontario Fire Code they shall be advised that the file will be immediately forwarded to the Legal Department for prosecution. 14. All inspection orders shall be served on the owner by regular mail or other method as outlined in Section 24 and 77 of the FPPA. 15. In cases where the owner is served with an inspection order by posting it at the premise the order shall be posted in a conspicuous location (usually the front entrance). The Officer shall take a picture of the posted order for the file. 16. In all cases where an order is posted a copy shall also be sent by regular mail or other method. 17. If the owner or occupant is present they shall be advised that a posted order may not be removed from the building. 18. A copy of the order shall be provided to the Building Department when a building permit is required and the appropriate box will be checked off on the order indicating that a copy has been given to the Building Department. 19. Where a mailed order is returned, this information shall be recorded in the FDM system. 20. Officers shall be cautious of becoming consultants when dealing with fire code violations. 21. Officers shall not provide recommendations for consultants or contractors when dealing with fire code violations.

12 17. If the owner or occupant is present they shall be advised that a posted order may not be removed from the building. 18. A copy of the order shall be provided to the Building Department when a building permit is required and the appropriate box will be checked off on the order indicating that a copy has been given to the Building Department. 19. Where a mailed order is returned, this information shall be recorded in the FDM system. 20. Officers shall be cautious of becoming consultants when dealing with fire code violations. 21. Officers shall not provide recommendations for consultants or contractors when dealing with fire code violations. 22. Officers do not have the authority to grant additional time to complete work identified in an inspection order. The Chief Fire Prevention Officer or Assistance Chief Fire Prevention Officer shall be consulted for additional time. All inspections must be completed within six months after the compliance date in the order. 23. Officers shall not provide the owner with any written correspondence stating that the building complies with the Ontario Fire Code as a result of a re-inspection of the property. Upon request for confirmation by the owner that the violations identified on an inspection order or notice of intent have been corrected an Officer may issue a letter or that states, The previous noted violations identified on the inspection order have been corrected. This letter shall also include that this does not mean that the building complies with any other Municipal, Provincial or Federal Statue or Regulation. OAKVILLE FIRE DEPARTMENT Policies and Procedures Page 1

13 system. These violations shall include, but are not limited to: a) Fire alarm system (including interconnected smoke alarm system in lieu of a fire alarm system installed as per retrofit): Not operational Failing to complete annual tests in accordance with the Ontario Fire Code b) Sprinkler system: Not operational Failing to complete annual tests in accordance with the Ontario Fire Code c) Smoke alarms: Fail to install Fail to maintain d) Commercial cooking exhaust and fire protection system: Not operational Failing to complete semi-annual tests in accordance with the Ontario Fire Code e) Exits: Locked Blocked so as not usable f) Emergency power systems (generators): Not operational Failing to complete annual tests in accordance with the Ontario Fire Code g) Repeat violations: Where the owner has been previously made aware of a violation either using an inspection order, notice of intent or an h) Serious violations identified during post fire incident follow ups 26. The following violations of the Ontario Fire Code shall be reviewed with the CFPO or ACFPO to determine if charges will be laid. The decision will be based on the potential impact on public and firefighter safety when determining if the violations will result in prosecution.

14 Not operational Failing to complete annual tests in accordance with the Ontario Fire Code c) Smoke alarms: Fail to install Fail to maintain d) Commercial cooking exhaust and fire protection system: Not operational Failing to complete semi-annual tests in accordance with the Ontario Fire Code e) Exits: Locked Blocked so as not usable f) Emergency power systems (generators): Not operational Failing to complete annual tests in accordance with the Ontario Fire Code g) Repeat violations: Where the owner has been previously made aware of a violation either using an inspection order, notice of intent or an h) Serious violations identified during post fire incident follow ups 27. Consideration shall be given to owners who approach the Oakville Fire Department for assistance in correcting one of the violations noted above as opposed to proceeding to prosecution. 28. A signed copy of all inspection orders shall be scanned into the H drive once issued under the property address. 29. A copy of all orders, notice of intents and s will be provided to the CFPO. OAKVILLE FIRE DEPARTMENT Policies and Procedures Page 1

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