Ontario condominium corporations are responsible for ensuring the safety of their buildings and the wellbeing of their residents. One of the most crucial aspects of building safety is fire prevention and protection, which is governed by the Ontario Fire Code (OFC). Compliance with the OFC is not only a legal requirement but also an essential part of maintaining a safe living environment.
Some condo corporations inadvertently violate the OFC by overlooking its requirements or missing strict timeframes for inspections and tests. The violations may compromise resident safety and result in costly penalties.
Common violations of the Ontario Fire Code in condo corporations
1. Blocked or obstructed fire routes
One of the most frequent fire code violations in condo corporations involves blocked or obstructed fire routes. The OFC requires that fire access routes, including hallways, corridors, stairwells, and fire exits, remain unobstructed at all times. This ensures that in the event of a fire or emergency, both residents and first responders can quickly and safely evacuate or access the building.
Common areas such as hallways and storage rooms often become cluttered with personal items, furniture, or even waste. Older buildings with limited storage experience this issue more as residents store belongings in shared spaces. However, this clutter significantly impairs effective emergency evacuation.
It is important for condo corporations to review their governing documents to ensure they have rules in place to restrict obstructing fire routes. This allows the corporations to have a way to enforce against non-complying residents.
2. Poorly maintained or inoperative fire safety equipment
Another prevalent violation involves fire safety equipment, such as smoke alarms, fire extinguishers, emergency lighting, and sprinkler systems, that is either not properly maintained or is inoperative. The OFC mandates that fire safety systems be inspected, tested, and maintained on a regular basis to ensure they will function correctly in an emergency.
For instance, smoke alarms and fire extinguishers need to be regularly checked to confirm they are operational. If they are outdated or have expired, they must be replaced. Similarly, emergency lighting should be checked to ensure it will provide sufficient illumination during a power outage.
It’s important to be aware of the timeframes for regular inspections of fire safety equipment and to maintain proper record keeping of the inspections.
3. Failure to conduct regular fire drills
The OFC requires that all condo corporations conduct regular fire drills for residents and staff. Fire drills help everyone to evacuate the building in the event of a fire and familiarize them with the location of emergency exits. They also provide an opportunity to test the functionality of the fire alarm and emergency lighting systems.
Some condo corporations neglect to conduct these drills, either due to oversight or the inconvenience of organizing them. However, failure to conduct regular fire drills is a serious violation of the OFC and could lead to significant safety risks in the event of a real fire emergency.
Fire drills may be a pain but they are vital for fire and life safety.
4. Improper storage of hazardous materials
Condo corporations are required to adhere to specific regulations regarding the storage of hazardous materials, such as flammable liquids or chemicals, in common areas. These materials must be stored in designated, well-ventilated areas, away from sources of heat or ignition.
In many cases, hazardous materials are improperly stored in utility rooms, mechanical spaces, or even within individual units. Not only does this create an obvious fire risk, but improper storage also violates the OFC and can lead to fines or other penalties.
Condo corporations are often penalized for residents storing combustible materials in their parking units. Condo corporations have an obligation to take enforcement steps to remove the combustible items, especially if ordered to do so by a Notice of Violation.
5. Inadequate fire separations and compartmentalization
The OFC sets specific requirements for fire separations and compartmentalization within buildings to prevent the spread of fire and smoke. Condo buildings, especially older ones, may have compromised fire separations due to renovations, wear and tear, or improper construction practices.
Common violations include missing or damaged fire doors, improperly sealed fire-rated walls, and unapproved openings in fire-rated assemblies. These violations can significantly hinder the building’s ability to contain fire and smoke, putting the safety of residents at risk.
Proactive steps to ensure compliance with the OFC
1. Conduct regular fire safety audits
A key first step for any condo corporation is to conduct regular fire safety audits, which can identify potential code violations, areas of concern, and deficiencies in fire protection measures. The audit should include checks for the proper maintenance of fire safety equipment, as well as a review of fire routes, fire separations, and emergency procedures.
Hiring a qualified fire safety consultant or a certified fire protection professional to perform these audits can ensure that any violations are caught early and addressed before they lead to serious consequences. Schedule audits at least annually or after major renovations or upgrades.
Having a fire safety consultant or certified fire protection professional on call also helps condo corporations respond quickly to Notices of Violation requiring immediate remedial steps.
2. Educate residents and staff on fire safety practices
Proactive fire safety is not just about maintaining equipment or ensuring compliance with the OFC, it’s also about creating a fire-conscious community. Educating both residents and staff about fire safety practices is critical to preventing violations and ensuring everyone knows how to respond in an emergency.
Regular fire safety communications through newsletters, townhall meetings, and building notices can help residents understand the importance of keeping fire routes clear, the proper storage of hazardous materials, and the steps to take during a fire drill or evacuation.
3. Implement a fire safety maintenance schedule
To prevent violations related to the maintenance and testing of fire safety equipment, condominium corporations should implement a robust maintenance schedule. This schedule should include regular checks of smoke alarms, fire extinguishers, sprinkler systems, emergency lighting, and fire exits. A maintenance log should be kept to document all inspections and repairs. This is crucial for good record-keeping practices.
Hiring certified professionals to handle the maintenance and inspection of complex systems such as sprinklers and alarms is important so that all equipment complies with the OFC.
4. Review and update fire safety plans
Condo corporations should ensure that their fire safety plans are regularly updated and reflect any changes to the building or occupancy. These plans should outline the procedures for evacuations, the location of fire exits, the responsibilities of staff members during an emergency, and the location of fire safety equipment.
Additionally, fire drills should be conducted at least annually, with all residents and staff participating. Regular fire drills will help familiarize everyone with the building’s evacuation routes and emergency procedures.
5. Monitor and enforce fire code compliance
Lastly, it’s essential to enforce fire safety by regularly holding residents accountable for violations like obstructing fire exits and storing hazardous or combustible materials.
Complying with the OFC is critical for condo corporations to maintain a safe living environment for residents. Yet, common violations, such as blocked fire routes, inoperative fire safety equipment, and inadequate fire separations must be addressed promptly. Proactive steps, including regular fire safety audits and staff education, can significantly reduce the risk of fire-related incidents.
These forward-thinking measures not only reduce the likelihood of emergency remedial actions or legal repercussions, but also reinforce a safety mindset. In the end, diligent planning and consistent maintenance do more than meet regulatory requirements—they help protect lives.
Natalia Polis is a partner at Lash Condo Law LLP.