O. Reg. 150/13: FIRE CODE

Link to law: http://www.ontario.ca/laws/regulation/r13150
Published: 2013-05-09

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ONTARIO REGULATION 150/13

made under the

FIRE PROTECTION AND PREVENTION ACT, 1997

Made: April 29, 2013
Filed: May 9, 2013
Published on e-Laws: May 9, 2013
Printed in The Ontario Gazette: May 25, 2013


Amending O. Reg. 213/07

(FIRE CODE)

Note: Ontario Regulation 213/07 has not previously been amended.

1. (1) The definition of “care occupancy” in Article 1.4.1.2. of Division A of Ontario Regulation 213/07 is revoked and the following substituted:

Care occupancy means an occupancy in which special care is provided by a facility, directly through its staff or indirectly through another provider, to residents of the facility

(a) who require special care because of cognitive or physical limitations, and

(b) who, as a result of those limitations, would be incapable of evacuating the occupancy, if necessary, without the assistance of another person.

(2) The definition of “care or detention occupancy” in Article 1.4.1.2. of Division A of the Regulation is revoked.

(3) The definition of “residential occupancy” in Article 1.4.1.2. of Division A of the Regulation is revoked and the following substituted:

Residential occupancy means an occupancy in which sleeping accommodation is provided to residents who are not harboured for the purpose of receiving special care or treatment and are not involuntarily detained.

(4) Article 1.4.1.2. of Division A of the Regulation is amended by adding the following definition:

Retirement home means a retirement home regulated under the Retirement Homes Act, 2010, regardless of whether it is a care occupancy or a residential occupancy.

2. Sentence 1.1.2.1.(4) of Division B of the Regulation is revoked and the following substituted:

(4) In addition to the requirements of Sentences (1), (2) and (3), in supported group living residences and intensive support residences regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, written records of inspections shall be kept for two years after they are made, and the records shall be available to the Chief Fire Official upon request.

3. (1) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

NFPA

13-2002

Standard for the Installation of Sprinkler Systems

3.3.1.8.(1)

3.3.1.9.

3.3.2.10.(3)

3.3.3.6.(1)

4.8.4.3.(4)

4.9.4.1.(2)

5.4.2.3.

5.4.5.1.

5.12.8.2.(1)

5.13.6.1.

6.5.1.1.(1)

9.2.5.2.(4)

Table 9.2.5.A.

9.5.5.3.(2)

9.6.5.5.(2)

NFPA

13D-2002

Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes

9.8.5.1.

NFPA

13R-2002

Standard for the Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height

9.5.5.3.(2)


and substituting,

NFPA

13-2002

Standard for the Installation of Sprinkler Systems

3.3.1.8.(1)

3.3.1.9.

3.3.2.10.(3)

3.3.3.6.(1)

4.8.4.3.(4)

4.9.4.1.(2)

5.4.2.3.

5.4.5.1.

5.12.8.2.(1)

5.13.6.1.

6.5.1.1.(1)

9.2.5.2.(4)

Table 9.2.5.A.

9.4.5.5.(2)

9.5.5.3.(2)

9.6.5.5.(2)

9.7.5.1.(1), (4)

NFPA

13D-2002

Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes

9.7.5.1.(2)

9.8.5.1.

NFPA

13R-2002

Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height

9.4.5.5.(3)

9.5.5.3.(2)

9.7.5.1.(3)

NFPA

20-2007

Installation of Stationary Pumps for Fire Protection

9.4.5.5.(5)

9.7.5.1.(6)


(2) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

ULC

CAN/ULC-S531-02

Standard for Smoke-Alarms

2.13.2.1.(1)

9.5.4.5.(3)

9.6.4.10.(3)

9.8.4.2.(3)

9.9.4.13.(2)


and substituting,

ULC

CAN/ULC-S531-02

Standard for Smoke-Alarms

2.13.2.1.(1)

9.5.4.5.(3)

9.6.4.10.(3)

9.7.4.3.(4)

9.8.4.2.(3)

9.9.4.13.(2)

ULC

CAN/ULC-S531-M87

Standard for Smoke-Alarms

9.7.4.3.(6)


(3) Table 1.2.1.A. of Division B of the Regulation is amended by striking out,

ULC

CAN/ULC-S553-02

Standard for the Installation of Smoke-Alarms

9.5.4.5.(3)

9.6.4.10.(3)

9.8.4.2.(3)

9.9.4.13.(4)


and substituting,

ULC

CAN/ULC-S553-02

Standard for the Installation of Smoke-Alarms

9.5.4.5.(3)

9.6.4.10.(3)

9.7.4.3.(5)

9.8.4.2.(3)

9.9.4.13.(4)


4. Sentence 2.1.1.3.(3) of Division B of the Regulation is revoked and the following substituted:

(3) Despite Sentence (1), this Part applies to supported group living residences and intensive support residences regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

5. Article 2.1.2.3. of Division B of the Regulation is revoked and the following substituted:

Prohibited combinations of occupancies

2.1.2.3. A building that contains a major occupancy that is classified as an assembly occupancy, a care occupancy, a care and treatment occupancy, a detention occupancy or a residential occupancy shall not contain a major occupancy that is classified as a high hazard industrial occupancy.

6. Sentence 2.4.3.1.(2) of Division B of the Regulation is revoked and the following substituted:

(2) In supported group living residences and intensive support residences regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, suitable noncombustible ashtrays shall be provided where smoking is permitted.

7. Subclause 2.7.2.2.(1)(b)(iii) of Division B of the Regulation is revoked and the following substituted:

(iii) a facility that provides access to exit from a room serving patients or residents in a care occupancy or care and treatment occupancy

8. (1) Sentence 2.8.1.1.(1) of Division B of the Regulation is revoked and the following substituted:

Application

(1) This Section applies to buildings containing

(a) an assembly occupancy,

(b) a care occupancy,

(c) a care and treatment occupancy,

(d) a detention occupancy,

(e) a residential occupancy where the occupant load exceeds 10,

(f) a retirement home,

(g) a business and personal services occupancy where the occupant load exceeds 300,

(h) a mercantile occupancy where the occupant load exceeds 300,

(i) a high hazard industrial occupancy where the occupant load exceeds 25,

(j) a medium hazard industrial occupancy where the occupant load exceeds 100, or

(k) a low hazard industrial occupancy where the occupant load exceeds 300.

(2) Sentence 2.8.1.1.(2) of Division B of the Regulation is amended by striking out “shall apply” in the portion before Clause (a) and substituting “apply”.

(3) Sentence 2.8.1.1.(4) of Division B of the Regulation is revoked and the following substituted:

(4) Despite Sentence (1), the requirements of this Section apply to supported group living residences and intensive support residences regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

9. Article 2.8.2.1. of Division B of the Regulation is amended by adding the following Sentences:

(6) In the case of a care occupancy, a care and treatment occupancy and a retirement home, any training of supervisory staff carried out under a fire safety plan shall be recorded.

(7) In the case of a training record required by Sentence (6), the original or a copy of at least the current and the immediately preceding record shall be retained in the building for a period of at least two years and shall be made available for examination by the Chief Fire Official on request.

10. Sentence 2.8.2.2.(1) of Division B of the Regulation is revoked and the following substituted:

Supervisory staff

(1) There shall be sufficient supervisory staff available in care occupancies, care and treatment occupancies, detention occupancies and retirement homes to carry out the duties required in the fire safety plan.

11. (1) Clause 2.8.3.2.(1)(a) of Division B of the Regulation is revoked and the following substituted:

(a) in supported group living residences and intensive support residences regulated under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, day care centres, care occupancies, care and treatment occupancies and detention occupancies, fire drills shall be held at least monthly,

(2) Article 2.8.3.2. of Division B of the Regulation is amended by adding the following sentence:

(2.1) In addition to the requirements of Sentence (1), in care occupancies, care and treatment occupancies and retirement homes, a fire drill shall be carried out at least once during each 12-month period for an approved scenario representing the lowest staffing level complement in the occupancy in order to confirm that the requirements of Sentence 2.8.2.2.(1) have been met.

12. Subsection 2.8.3. of Division B of the Regulation is amended by adding the following Article:

2.8.3.3. The Chief Fire Official shall be notified within an approved time period of every fire drill carried out under Sentence 2.8.3.2.(2.1).

13. The title of Subsection 4.2.6. of Division B of the Regulation is revoked and the following substituted:

Subsection 4.2.6. Business and Personal Services, Detention, Educational, Care, and Care and Treatment Occupancies

14. Article 4.2.6.1. of Division B of the Regulation is revoked and the following substituted:

Application

4.2.6.1. This Subsection applies to the storage, handling and use of flammable liquids and combustible liquids in business and personal services occupancies, care occupancies, care and treatment occupancies, detention occupancies, non-residential schools, universities and colleges.

15. Sentence 4.2.10.3.(3) of Division B of the Regulation is revoked and the following substituted:

(3) In care occupancies, care and treatment occupancies and detention occupancies, the total quantity of flammable liquids and combustible liquids stored in cabinets in a single fire compartment shall not exceed the quantity permitted for one cabinet.

16. Article 9.1.2.1. of Division B of the Regulation is revoked and the following substituted:

Application

9.1.2.1. The requirements for buildings that are covered by this Part shall be determined by their occupancies as regulated in the appropriate Sections herein.

17. Article 9.1.2.2. of Division B of the Regulation is revoked and the following substituted:

Exemptions

9.1.2.2. (1) This Part does not apply to a building that contains not more than one dwelling unit and no other major occupancy.

(2) Except for Article 9.4.5.5. and Sections 9.7 and 9.9, this Part does not apply to buildings or parts thereof that satisfy the requirements of the Building Code.

(3) Section 9.7 does not apply to a building or part thereof that contains a care occupancy, if the building or part thereof satisfies the requirements for a care occupancy contained in the Building Code as it read at any time on or after April 6, 1998.

(4) Section 9.7 does not apply to a building or part thereof that contains a retirement home, if the building or part thereof satisfies the requirements for a retirement home contained in the Building Code as it read at any time on or after January 1, 2014.

(5) Section 9.9 does not apply to a building or part thereof that satisfies the requirements of the Building Code as it read at any time on or after July 1, 1993.

(6) Sections 9.2 to 9.9 do not apply to buildings with respect to which the Chief Fire Official has granted an exemption under a predecessor of this Regulation, during such period as the exemption is valid.

18. Article 9.1.3.1. of Division B of the Regulation is revoked and the following substituted:

Compliance time for health care facilities, care occupancies and retirement homes

9.1.3.1. (1) It is the responsibility of the owner of a building containing a home or hospital described in Section 9.4 to comply with Article 9.4.5.5. as of January 1, 2025.

(2) It is the responsibility of the owner of a building to which Section 9.7 applies to comply with

(a) Article 9.7.4.3. as of March 1, 2014,

(b) Articles 9.7.3.1., 9.7.4.1. and 9.7.4.2. as of January 1, 2015,

(c) Articles 9.7.2.1. and 9.7.4.4. as of January 1, 2016, and

(d) Article 9.7.5.1. as of January 1, 2019.

19. Sentence 9.4.1.1.(1) of Division B of the Regulation is revoked and the following substituted:

(1) This Section applies to

(a) homes for special care regulated under the Homes for Special Care Act in which sleeping accommodation is provided for more than 10 residents,

(b) long-term care homes regulated under the Long-Term Care Homes Act, 2007,

(c) private hospitals regulated under the Private Hospitals Act, or

(d) public hospitals regulated under the Public Hospitals Act.

20. Subsection 9.4.5. of Division B of the Regulation is amended by adding the following Article:

Sprinkler systems

9.4.5.5. (1) Buildings containing a home described in Clause 9.4.1.1.(1)(a) or (b) that is a care occupancy or a care and treatment occupancy shall be sprinklered in conformance with Sentences (2) to (5).

(2) Except as permitted in Sentence (3), an automatic sprinkler system shall be installed in accordance with NFPA 13, “Standard for the Installation of Sprinkler Systems”.

(3) In buildings not greater than 6 storeys in building height, sprinkler systems may be installed in accordance with NFPA 13R, “Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height”.

(4) Sprinkler systems shall be equipped with local electric waterflow alarms.

(5) If a fire pump is required by NFPA 13 or NFPA 13R, it shall be installed in accordance with NFPA 20, “Installation of Stationary Pumps for Fire Protection”, if it has a rated net head pressure greater than 280 kPa.

(6) Buildings described in Sentence (1) that are sprinklered in conformance with Article 9.4.5.2. on January 1, 2014 are deemed to be in compliance with Sentence (1).

21. Part 9 of Division B of the Regulation is amended by adding the following Section:

SECTION 9.7 BUILDINGS WITH A CARE OCCUPANCY OR RETIREMENT HOME

Subsection 9.7.1. Application and General

Application

9.7.1.1. (1) This Section applies to buildings containing a care occupancy or retirement home.

(2) Despite Sentence (1), this Section does not apply to a building or part of a building that is a home or hospital regulated by Section 9.4.

(3) Despite Sentence (1), if a building containing a care occupancy or retirement home also contains one or more other occupancies that are not governed by this Part, this Section does not apply to the fire safety systems, devices and structural elements of any of the other occupancies that do not affect the life safety of the care occupancy or retirement home.

Conflict

9.7.1.2. (1) In the event of a conflict between this Section and any other Section of this Part that applies to a care occupancy or retirement home, this Section prevails.

(2) If a building containing a care occupancy or retirement home also contains one or more other occupancies that are governed by other Sections of this Part, the fire safety systems, devices and structural elements of all the occupancies governed by this Part shall comply with the requirements that provide the greatest protection for life safety.

Additional requirements

9.7.1.3. (1) In addition to the requirements of this Section,

(a) a building not greater than 6 storeys in building height shall comply with Subsections 9.5.2. to 9.5.5., and

(b) a building greater than 6 storeys in building height shall comply with Subsections 9.6.2. to 9.6.5.

(2) Clause (1) (a) does not apply to a building not greater than 3 storeys in building height that provides sleeping accommodation for not more than four persons.

Definitions

9.7.1.4. For the purposes of this Section,

“1990 Building Code” means Ontario Regulation 413/90, as it read on October 9, 1992;

“existing” means in existence on January 1, 2014.

Subsection 9.7.2. Containment

Self-closing devices

9.7.2.1. (1) Except for doors opening directly to the exterior, doors to suites and sleeping rooms not within suites shall be equipped with self-closing devices.

(2) Sentence (1) does not apply

(a) in buildings not greater than 3 storeys in building height that provide sleeping accommodation for not more than 10 persons, or

(b) in buildings having public corridors on each floor area which are subdivided in accordance with Sentence (3).

(3) The public corridor subdivision referred to in Clause (2)(b) is one

(a) that separates the corridor into at least two zones by fire separations,

(b) that is able to accommodate, in addition to its own occupants, the occupants of the adjacent zone based on the requirements of 1.6 m2 per person, unless otherwise approved,

(c) in which the travel distance from any point in one zone to an adjacent zone does not exceed 25 m, and

(d) that contains smoke-tight doors equipped with self-closing devices that act as closures in the fire separation.

Subsection 9.7.3. Means of Egress

Emergency lighting

9.7.3.1. (1) Emergency lighting shall be provided in exit stairways, public corridors and other principal access to exits.

(2) Emergency lighting required in Sentence (1) shall be designed to provide illumination for at least 30 minutes.

(3) Sentence (1) does not apply in buildings not greater than 3 storeys in building height that provide sleeping accommodation for not more than 10 persons.

Subsection 9.7.4. Fire Alarm and Detection

Fire signal to fire department

9.7.4.1. (1) Fire alarm systems shall have provision for notifying the fire department in accordance with Article 3.2.4.7. of the 1990 Building Code that a fire alarm signal or alert signal has been initiated.

(2) Sentence (1) does not apply to buildings equipped with an interconnected smoke alarm system.

Sprinkler signal to fire department

9.7.4.2. (1) Sprinkler systems shall have provision for notifying the fire department in accordance with Article 3.2.4.7. of the 1990 Building Code that the sprinkler system has been activated.

(2) Sentence (1) does not apply where the fire alarm system or interconnected smoke alarm system has provision for notifying the fire department in accordance with Article 3.2.4.7. of the 1990 Building Code that a fire alarm signal or alert signal has been initiated.

Smoke alarms

9.7.4.3. (1) A smoke alarm shall be installed in each suite and in each sleeping room not within a suite.

(2) Smoke alarms shall be installed with permanent connections to an electrical circuit and shall have no disconnect switch between the overcurrent device and the smoke alarm.

(3) Battery-operated smoke alarms are deemed to be in compliance with Sentence (2).

(4) Smoke alarms required in Sentence (1) shall conform to CAN/ULC-S531, “Standard for Smoke-Alarms”.

(5) Smoke alarms required in Sentence (1) shall be installed in accordance with CAN/ULC-S553, “Standard for the Installation of Smoke-Alarms”.

(6) Existing smoke alarms meeting the requirements of CAN/ULC-S531-M87, “Standard for Smoke-Alarms”, are deemed to be in compliance with Sentence (4).

(7) A smoke detector that is installed in each suite and in each sleeping room not within a suite is deemed to be in compliance with Sentence (1) if it is connected to a fire alarm system.

Voice communication systems

9.7.4.4. (1) A voice communication system conforming to Article 3.2.4.22. of the 1990 Building Code shall be provided in every building where a floor area that is more than 18 metres above grade contains a care occupancy or a retirement home.

(2) A voice communication system is deemed to be in compliance with Sentence (1) if it

(a) consists of loudspeakers operated from,

(i) the central alarm and control facility, or

(ii) another location that is accessible to the fire department and supervisory staff required under Subsection 2.8.2. and that is approved,

(b) provides a clear verbal signal throughout the building, except within elevator cars, and

(c) provides for automatic silencing of the fire alarm devices when the loudspeakers are in use.

(3) A public address system capable of providing a clear verbal signal throughout the building, though not within elevator cars, is deemed to be in compliance with Sentence (1).

Subsection 9.7.5. Suppression

Sprinkler systems

9.7.5.1. (1) An automatic sprinkler system shall be installed in each building in accordance with NFPA 13, “Standard for the Installation of Sprinkler Systems”.

(2) Despite Sentence (1), in a building not greater than 3 storeys in building height that provides sleeping accommodation for not more than 10 persons, a sprinkler system may be installed in accordance with NFPA 13D, “Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes”, except that the minimum quantity of available water shall be adequate for a demand duration of at least 20 minutes if stored water is used as the sole water supply source.

(3) Despite Sentence (1), in a building not greater than 6 storeys in building height, a sprinkler system may be installed in accordance with NFPA 13R, “Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height”.

(4) An existing sprinkler system that provides an average sprinkler discharge density over a design area that is equal to the minimum density corresponding to the area for light hazard classification as defined in NFPA 13, “Standard for the Installation of Sprinkler Systems”, is deemed to be in compliance with Sentence (1).

(5) Sprinkler systems shall be equipped with local electric waterflow alarms.

(6) If a fire pump is required by NFPA 13 or NFPA 13R, it shall be installed in accordance with NFPA 20, “Installation of Stationary Pumps for Fire Protection”, if it has a rated net head pressure greater than 280 kPa.

(7) Sentences (1) to (6) do not apply to a building not greater than 3 storeys in building height that provides sleeping accommodation for not more than four persons, if the building is equipped with smoke alarms that comply with Article 9.5.4.4. and that are interconnected so that the activation of any smoke alarm will sound a similar signal in each of the interconnected smoke alarms.

22. Section 1.2 of Division C of the Regulation is amended by adding the following Subsections:

Subsection 1.2.3. Qualifications of Persons who are Required to Implement the Provisions of Section 2.8 of Division B

Application

1.2.3.1. This Subsection applies to every person who is required to implement the provisions of Section 2.8 of Division B in a building containing a care occupancy, a care and treatment occupancy or a retirement home.

Qualifications

1.2.3.2. (1) A person referred to in Article 1.2.3.1.

(a) must have successfully completed a program or course acceptable to the Fire Marshal, and

(b) shall, at the request of the Chief Fire Official, produce for inspection a certificate or other document attesting to his or her successful completion of that program or course.

(2) This Article applies as of January 1, 2017.

Subsection 1.2.4. Qualifications of Chief Fire Officials

Application

1.2.4.1. This Subsection applies to every Chief Fire Official who is responsible for approving a fire safety plan for a building containing a care occupancy, a care and treatment occupancy or a retirement home.

Qualifications

1.2.4.2. (1) A person referred to in Article 1.2.4.1.

(a) must have successfully completed a program or course acceptable to the Fire Marshal, and

(b) shall, at the request of the owner, produce for inspection a certificate or other document attesting to his or her successful completion of that program or course.

(2) This Article applies as of January 1, 2017.

Commencement

23. This Regulation comes into force on January 1, 2014.

Made by:

Madeleine Meilleur

Minister of Community Safety and Correctional Services

Date made: April 29, 2013.