Fire Code and Zoning

Zoning: This refers to the permitted uses for a property. For example an R1 zoning only permits a single family home. A R2 zoning will permit a duplex or 2 family home. Note that just because a property is zoned R2 it does not guaranty that  the propeety is a legal duplex or that it can be made into a legal duplex. The house has to meet all the by-laws including parking, set backs, unit size, electrical and fire standards etc.

Fire Code: This refers to part of the building code that attempts to make buildings safe for fires. The fire code regulations can be quite complicated and are based on the use of the building. For example a rooming house has very different regulations to a single family home.

The following a simplified description of how the fire code regulations would apply to student rentals in London. Most of the concerns are with the use of basements as living and sleeping areas.

LONDON FIRE SERVICES

400 Horton Street

London, Ontario,

Canada

N6B 1L7 

The following extract referrs to occupied basements where there is only one exit and where 2 separate exits are required.

Alternative Measures – Acceptable Exits from Basement in a Boarding, Lodging & Rooming  Occupancy

Intent:

In some limited circumstances, as determined solely by the Chief Fire Official, the Chief Fire Official may approve alternative measures under 9.3.3.3. of Division B of O.Reg 213/07 (Fire Code). Any alternative measure must, in the opinion of the Chief Fire Official, provide protection for life safety similar to the protection provided by compliance with Articles 9.3.3.1. and 9.3.3.2.

Article 9.3.3.3. of Division B of the Fire Code provides:

9.3.3.3. Despite Articles 9.3.3.1. and 9.3.3.2., alternative measures may be approved where, in the opinion of the Chief Fire Official, they will provide protection for life  safety similar to the protection provided by compliance with Articles 9.3.3.1.and 9.3.3.2.

Where a second exit is required from a basement that provides sleeping accommodations, the Chief Fire Official may consider, at a minimum, the following when determining acceptable ‘alternative measures’. Nothing prevents the Chief Fire Official from requiring further measures. The Chief Fire Official may decide not to approve the alternative measures, even if they meet the below criteria. All requests for approval of ‘alternative measures’ will be considered on a case-by-case basis.

WINDOWS:

A window from EACH bedroom in the basement must be an egress window, provided:

(A) Existing windows:

A window may serve as a second means of escape if

(a) the sill not more than 1 m above or below the adjacent ground level,
(b) the window can be opened from the inside without the use of tools,
(c) the window has an individual, unobstructed open portion having a minimum area of .38 m2 with no dimension less than 460mm,
(d) the sill height does not exceed 900mm above the floor or fixed steps,
(e) where the window has a window-well, a clearance of at least 1 m shall be provided in the window-well in front of the window, and
(f) where the window has a window-well, the window shall open into the dwelling unit and not interfere with escape.

OR

(B) New Installation:

A window may serve as a second means of escape if

(a) the window is of a casement type,
(b) the window is not less than 1060mm high and 560mm wide,
(c) the sill of the window is not more than 900mm above the inside floor, and
(d) the sill of the window is not less than 1m and not more than 5m above the adjacent ground level."

(e) where the window has a window-well, a clearance of at least 1 m shall be provided in the window-well in front of the window, and
(f) where the window has a window-well, the window shall open into the dwelling unit and not interfere with escape.

AND

Installation of new escape window(s) must be completed under the auspices of a Building Permit.

AND

As this/these windows are now an identified means of escape/ egress, they shall follow the provisions of the Fire Code Sentence 2.7.1.7(1)

2.7.1.7. (1) Means of egress shall be maintained in good repair and free of   obstructions

To clarify, this includes being kept free of ice and snow accumulations throughout the winter months.

AND

A Fire Safety Plan is required under the provisions of the Fire Code Clause 2.8.1.1.(2)(e) of Division B. This Fire Safety Plan shall be developed in accordance with the provisions of the Fire Code Sentence 2.8.2.1. (1-4) of Division B.

           2.8.2.1. (1) A fire safety plan shall include

(a) the emergency procedures to be used in case of fire, including

(i) sounding the fire alarm,

(ii) notifying the fire department ,

(iii) instructing occupants on procedures to be followed when the fire alarm sounds,

(iv) evacuating occupants, including special provisions for persons requiring assistance,

(v) the procedures for use of elevators, and

(vi) confining, controlling and extinguishing the fire,

(b) the appointment and organization of designated supervisory staff to carry out fire safety duties,

(c) the training of supervisory staff and instruction of other occupants in their responsibilities for fire safety,

(d) documents, including diagrams, showing the type, location and operation of the building fire emergency systems.

(e) the holding of fire drills,

(f) the control of fire hazards in the building ,

(g) the maintenance of building facilities provided for the safety of occupants, and

(h) the provision of alternative measures for the safety of occupants during any shutdown of fire protection equipment and systems or part thereof.

(2) The fire safety plan shall be prepared, approved and implemented in buildings regulated by Article 2.8.1.1.

(3) The fire safety plan shall be kept in the building in an approved location.

(4) The fire safety plan shall be reviewed as often as necessary, but at intervals not greater than 12 months, to ensure that it takes account of changes in the use and other characteristics of the building.

The Fire Safety Plan shall include the identification of the individual responsible for maintaining the window-well free of ice and snow accumulations, and for performing the check, inspect, and test requirements of the interconnected smoke alarms as required by the Fire Code Article 6.3.2.6.of Division B. The Fire Safety Plan shall also include the additional directives to ensure the window(s) are inspected monthly for operation, similar to a closure in a fire separation; the people residing in the affected room(s) are physically able to operate and egress through the window(s) and have been trained by the owner in the operation of the window(s).

AND

Interconnected smoke alarms shall be installed and maintained as part of the required existing interconnected system in each of the basement bedrooms, in accordance with the provisions of O.Reg.213/07 Sentence 6.3.2.6.

6.3.2.6. (1) This Article applies to interconnected smoke alarm systems in all residential occupancies and care occupancies , except in individual dwelling units and in buildings regulated by Section 9.8.

(2) Interconnected smoke alarms shall be tested and maintained in operating condition in conformance with CAN/ULC-S552, "Standard for the Maintenance and Testing of Smoke Alarms", and as required by this Article.

(3) The power supply shall be checked weekly.

(4) The operability of the interconnected system shall be confirmed monthly, by testing at least one smoke alarm using its test function, on a rotational basis.

(5) Where installed, each manual pull station shall be tested to ensure activation of the interconnected smoke alarms on an annual basis.

(6) Written records shall be kept of weekly checks of the power supply for at least six months after they are made, and be available upon request to the Chief Fire Official.

(7) Monthly and annual tests shall be recorded and kept in accordance with Article 1.1.2.1.

AND

In the case where the interior window sill used for egress is situated more than 900mm from the floor, steps that are permanently fixed in place below the window shall be installed.

The steps must be permanently installed. The steps would have to be installed and constructed of substantial materials that would support a person's weight and of a size that is large enough to permit a person to readily utilize them for the purpose of escaping through the window above them. If the suitability of the steps is questioned, the means of escape arrangement should be performance tested to determine if it is suitable.

The performance test would ensure that the steps offer enough stability to allow the user to step up and balance on the steps while having both hands free to open the window and secure it in place if necessary and to permit escape.

AND

Window - well covers shall not be used, as they may interfere with escape under certain conditions.

AND

A copy of the Fire Safety Plan and the final approval letter to be kept on site.

AND

Upon sale/transfer of the property, the new owner must be informed by the previous owner of the existing approval of the ‘Alternative Measures’ and the required maintenance, and must be provided with a copy of the approval. At the time of sale/transfer, the Fire Safety Plan would require an update, as per the Fire Code Sentence 2.8.2.1.(4) of Division B.

It is a serious violation to fail to provide the requisite means of egress under subsection 9.3.3. of Division B of the Fire Code. The Chief Fire Official’s approval of the alternative measures is conditional on the owner continuing to comply with the alternative measures as originally approved. Where the owner no longer complies with the alternative measures as originally approved, the owner may be subject to charges for failing to comply with the Fire Code.

The Fire Department assumes no liability for costs incurred by the owner to bring the premises into compliance with the Fire Code.  Even if the premises is brought into compliance with the Fire Code, the premises may not comply with other by-laws, legislation or regulations, zoning by-laws, property standards by-laws, including business licensing by-laws, building by-law or the Building Code.  It is the owner's responsibility to ensure the premises complies with all of the above.