All condominiums in Ontario are subject to the Fire Code (the “Fire Code”) under the Fire Protection and Prevention Act (“FPPA”). The Fire Code is designed to ensure that all occupied buildings in Ontario have appropriate fire protection equipment, that the equipment is properly maintained, and that fire emergency plans are kept up to date and are properly circulated to occupants.
There has been an enforcement push on high rise buildings, which has focussed on Part 7 of the Fire Code. Part 7 relates to Smoke Control Inspection and Testing Compliance for high rise buildings, which are defined as any building over 18 metres.
Part 7 of the Fire Code requires that a building-specific smoke control inspection and testing document, which also includes a smoke control equipment list and associated inspection and testing requirements, be attached to the fire safety plan with a copy readily available to inspectors.
As Part 7 has not historically been an enforcement priority, many condominiums do not have the required inspection and testing protocol in place. For newer condominiums, some, but not all, developers have provided the protocol. If your corporation does not have an engineer-signed inspection and testing protocol in place, it must obtain one.
Boards of directors and property managers need to understand that the consequences of a failure to comply with Part 7 and all other areas of the Fire Code are severe. The Fire Code addresses fundamental life safety issues. Fire Services generally issue a Notice of Violation (a “Notice”) for anything found non-compliant with the Fire Code. These Notices typically name the condominium corporation, directors, managers and property management firms.
Because a Notice means that life-saving equipment is non-functioning, any non-compliant violation should be treated as an emergency and immediately fixed.
The fines for a violation are significant and are set out in Section 28 of the FPPA. The fines for an individual for a first offence are up to a maximum of $50,000 and up to $100,000 for any subsequent offences and up to one year in jail.
For a corporation, the fines are up to a maximum of $500,000 for a first offence and up to $1,500,000 for any subsequent offences. An individual director of a corporation who knows that the corporation is committing an offence is subject to fines for a first offence up to a maximum of $50,000 and up to $100,000 for any subsequent offences and up to one year in jail.
The definition of a subsequent offence is also significant. Once you have been convicted of an offence, any other offence under the Fire Code or the FPPA counts as a subsequent offence, whether it is a different type of violation or at a different location.
This can be especially significant for property managers; if you are convicted of an offence at one property, any other offences at any other property will count as a subsequent offence.
The penalties illustrate the need to ensure that a condominium is Fire Code compliant. If it is not clear, a Fire Code consultant can be retained to complete an assessment. Once the assessment has been completed, it is equally important to follow through on its recommendations.
Recommendations should not be ignored for any reason, including cost considerations, prioritizing other projects, or otherwise, as failing to invest necessary funds into proper life safety equipment can create substantial liability or devastating consequences such as destruction of property or personal injury.
Should you have any questions, please do not hesitate to reach out to a member of Miller Thomson’s Condominium & Strata group.
