2008 Annual Education Forum

What are the legislative responsibilities of a building

owner/operator to comply with the Ontario Building Code and the

Ontario Fire Code?

Andrew Wong, MBA, CFIFireE, CFPS

Executive Officer, Vaughan Fire and Rescue Service

Who’s the Owner?

• OFC Division A Article 1.2.1.1.– Unless otherwise specified, the owner is

responsible for carrying out the provisions of this Code.

Definition of Owner

• Owner means:– any person– firm– corporation– having control over any portion of the building

or property under consideration– and includes the persons in the building or

property

Are we doing the right things in the building?

OFC Division B Article 2.1.2.2.

Activities that create a hazard and that are not allowed for in the original design shall not be carried out in a building unless approved provisions are made to control the hazard.

What do you mean by ‘hazard’?

• Any thing that materially creates the likelihood of a fire, if started, would seriously endanger health and safety of any person, or the quality of the natural environment for any use that can be made of it.

What do you mean by “original design”?

• For building layout, it means the construction as per approved building permit drawings.

• For industrial processes regulated by OHSA , as per Pre-Start Health and Safety Review.

• For industrial processes regulated by the Fire Code, as per initial approval by fire department on occupancy.

What do you mean by “approved provisions”?

• This means written approval issued by the Chief Fire Official stipulating conditions under which a certain activity or activities may exist in a building or facility.

e.g. 2.4.4.1.(1) open flames shall not be permitted in buildings used for public assemblies in such quantities and in such a manner as to create a fire hazard unless approved.

Accountability

• The Chief Fire Official who approves the non-Code complying use is accountable for his/her decision.

• The CFO on approving the non-Code complying use owes the owner a duty of care.

• CFO approval ≠ Alternative Solutions

Who are the Chief Fire Officials?

• The Chief Fire Official may be

– the assistant to the Fire Marshal who is the Municipal Fire Chief

– member or members of the fire department appointed by the Municipal Fire Chief

– a person appointed by the Fire Marshal

Due Diligence

• Owners should be aware that the Fire Code contains minimum requirements for certain things.

• It is the owner’s responsibility to comply with other applicable laws such as– Occupational Health & Safety Act & Reg.– Technical Standards and Safety Act & Reg.– Ontario Building Code– Ontario Electrical Safety Code, etc.

Case Study – Group A Occupancy

• Original design: A2 Italian restaurant• Existing use: A2 Korean restaurant

• Issue:1. Change in layout2. Change in decoration3. Modification of ventilation system4. Modification of sprinkler system5. Modification of fire alarm system6. Modification of kitchen fire suppression

system

Case Study – Group B Occupancy

• Original design: Group home < 10 people (Group C occupancy)

• Existing use: Group home > 10 people (Group B3 occupancy)

• Issue:1. Fire alarm requirement2. Sprinkler system requirement3. Egress requirement4. Building permit requirement

Case Study – Group C Occupancy

• Original design – single family dwelling

• Existing use – 2-family residential

• Issue:1. Is this regulated by the Fire Code?

- time line, if yes, proof of compliance

2. Is this allowed by local Zoning By-law?

3. Is there a Building Permit?

4. Fire departments do not ‘Approve’, they inspect for compliance under the Fire Code.

Case Study – Group C Occupancy

• Original design – single family dwelling

• Existing use – group home > 10 people

• Issues:1. Change of building classification: C to B3

2. Sprinklers & fire alarm system required

3. Fire department access – FD Connections

4. Fire separations requirements – FRR

5. Fire extinguishers required

6. Lighting requirements, etc. etc.

Case Study – Group D Occupancy

• Original design: Group D/E – Commercial shell building

• New tenant use: Dentist office

• Issue:1. no concern for modification of sprinkler

system and fire alarm system

3. separate building permits required

Case Study – Group E Occupancy

• Original design: Ceramic tile sale• Existing use: Paint and Wallpaper sale

• Issue:1. Increase in fire load2. Increase in sprinkler water and pressure

demand3. Storage, use and handling of flammable and

combustible liquids4. Building permit requirement

Case Study – Group F Occupancy

• Original design: F2

• Existing use: day care

• Issue:1. Change of use: F2 to A2

2. Requirements for exits and travel distance

3. Requirements for fire alarm system

4. Modification to sprinkler system

Case Study – Group F Occupancy

• Original design: F2• Existing use: F1

• Issue:1. fire separation requirements2. fire protection system requirements3. requirements for the storage, use and

handling of flammable and combustibleliquids

4. fire safety plan, spill procedures requirement5. for process plant, fire risk evaluation

Case Study – Group F Occupancy

• Original use: F2 auto body shop• Existing use: F1 & F2 auto body shop• Addition of spray booth and paint storage

• Issue:1. Building Permit requirements2. Fire Code requirements3. OHSA requirements4. MoE requirements

Case Study – Group F Occupancy

• Original design: F2 winery

• Proposed use: addition of distillery

• Issue:Building permit applied for without concerns for fire safety requirement- Division B Section 4.9 of the Fire Code

Addition of Maglocks

● Original design: Office building with fire

alarm system

● Addition of security system: Maglocks installed on hallway and exit doors

●Issue:

1. Building Permit requirement

2. Fire alarm pull stations on both sides of door

3. Integration with fire alarm system

4. Warning signs on doors

5. Commissioning tests

Addition of Clean Agent System

• Original design: Computer Room withsprinkler protection

• Addition of FM 200 system

• Issue:1. Building Permit requirement2. Engineered versus Pre-engineered system3. Commissioning test

- Discharge test- Electric circuitry test- Room integrity test

Industrial Fire Safety – OBC versus OFC

Industrial Fire Safety By DesignB

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2.8.

Fire Safety Plan

3.2.1. Woodworking

3.3.1. Storage:

Indoor Tire

3.3.2. Storage:

Indoor General

6.8 Special Extinguishing Systems

Part 4

Part 5

Building Plans Exam. (Interior)

Hazardous Processes &

Materials, Industrial

Occupancies, etc.

Special

Fire Protection Systems

Building Final Inspection

Occupancy Permit

Change of Use/Renovation

Plans Exam. & Inspection

Industrial Fire Safety By Maintenance

Issue #1

• Limited disclosure of hazardous manufacturing and/or storage activities to Architects and Engineers at the design stage– Use of flammable and combustible liquids– Use of combustible powders– Production of combustible dusts– Use of other hazardous materials

Issue #2

• Lack of Pre-Start Health and Safety Review for designated processes– Use of flammable liquids– Use of dust collectors

Issue #3

• Building Permits– Lacking in appropriate fire protection for

specific hazardous processes– Building plans examiners’ awareness of fire

risks in industrial facilities• Inherent fire risks and fire hazards for various

common industries• Fire safety design objectives

Issue #4

• Limited input to the plans examination process by qualified fire protection specialist from the local authorities– Jurisdictional issues between building

department and fire department– Focus of fire department on suppression

activities versus advising on fire safety and fire engineering issues

Issue #5

• Limited advanced training in fire protection engineering technology and fire science

• Fire protection systems acceptance tests versus system certification

Issue #6

• Fire prevention efforts from the local fire departments– Site specific fire safety planning– Pre-fire planning by fire suppression

personnel– Risk-based fire safety inspections

Issue #7

• Self-compliance by the industrial community– Environment and safety awareness– Due diligence versus code compliance

The Linking Elements

• Effective application of OBC and OFC at Building Permit review stage.

• Suitable training of both building and fire department staff in industrial process hazards and related fire protection approaches.

• Suitable training of consultants and engineers in industrial fire protection issues.

Thank You

Andrew.Wong@vaughan.ca