SteveL

Number of posts: 260 Location: Toronto Registration date: 2008-06-04
 | Subject: Fire drill law (calling all lawyers) Wed Jan 26, 2011 11:59 am | |
| I live in a high-rise rental apartment building. Every 3 months there is a fire drill, as required by law (according to the notices posted by building management). I decided to see what the law says. Frequency of drills: "in buildings within the scope of Subsection 3.2.6. of Division B of the Building Code, fire drills shall be held every three months." (Source: Ontario Fire Protection and Prevention Act, 1997.) Subsection 3.2.6. of Division B of Ontario's 1992 Building Code Act: | Quote: | "3.2.6. Additional Requirements for High Buildings
"3.2.6.1. Application
"(1) This Subsection applies to a building,
"(a) of Group A, D, E or F major occupancy classification that is more than,
"(i) 36 m high, measured between grade and the floor level of the top storey, or
"(ii) 18 m high, measured between grade and the floor level of the top storey, and in which the cumulative or total occupant load on or above any storey above grade, other than the first storey, divided by 1.8 times the width in metres of all exit stairs at that storey, exceeds 300,
"(b) containing a Group B major occupancy in which the floor level of the highest storey of that major occupancy is more than 18 m above grade,
"(c) containing a floor area or part of a floor area located above the third storey designed or intended as a Group B, Division 2 or 3 occupancy, and
"(d) containing a Group C major occupancy whose floor level is more than 18 m above grade." |
Does the "and" at the end of (c) mean that (a), (b), (c), and (d) must all be true for Subsection 3.2.6 to apply to a given building?
If so, the building would have to contain a "Group B major occupancy" (clauses b and c). According to the Building Code Act, Group B major occupancy is a classification that refers to:
| Quote: | | 1.1.2.2(a)(ii) Group B, care or detention occupancies, [emphasis in original] |
Some definitions (Building Code Act):
| Quote: | "1.4.1.2. Defined Terms
"Care and treatment occupancy (Group B, Division 2) means an occupancy in which persons receive special care and treatment.
"Care occupancy (Group B, Division 3) means an occupancy in which persons receive special or supervisory care because of cognitive or physical limitations, but does not include a dwelling unit.
"Detention occupancy (Group B, Division 1) means an occupancy in which persons are under restraint or are incapable of self preservation because of security measures not under their control.
"Occupancy means the use or intended use of a building or part of a building for the shelter or support of persons, animals or property.
"Major occupancy means the principal occupancy for which a building or part of a building is used or intended to be used, and is deemed to include the subsidiary occupancies that are an integral part of the principal occupancy. [Emphasis in original] |
More from the Building Code Act:
| Quote: | "3.1.2. Classification of Buildings or Parts of Buildings by Major Occupancy
"3.1.2.1. Classification of Buildings
"(1) Except as permitted by Articles 3.1.2.3. to 3.1.2.6., every building or part of it shall be classified according to its major occupancy as belonging to one of the Groups or Divisions described in Table 3.1.2.1. [see web page]
"(2) A building intended for use by more than one major occupancy shall be classified according to all major occupancies for which it is used or intended to be used.
"3.1.2.2. Occupancies of the Same Classification
"(1) Any building is deemed to be occupied by a single major occupancy, notwithstanding its use for more than one major occupancy, provided that all occupancies are classified as belonging to the same Group classification or, where the Group is divided into Divisions, as belonging to the same Division classification described in Table 3.1.2.1 [omitted].
"3.1.2.3. Arena Type Buildings [omitted] "3.1.2.4. Police Stations [omitted]
"3.1.2.5. Group B, Division 3 Occupancies
"(1) Group B, Division 3 occupancies are permitted to be classified as Group C major occupancies provided,
"(a) the occupants live as a single housekeeping unit in a suite with sleeping accommodation for not more than 10 persons, and
"(b) not more than 2 occupants require assistance in evacuation in case of an emergency.
"3.1.2.6. Restaurants [omitted]" [Emphasis in original; comments in square brackets are mine] |
As far as I know, the building in question is not a "care" or "detention" facility, though there is at least one tenant in a wheelchair. I quoted 3.1.2, which I'm not sure I understand, because it seems to indicate that my building could belong to multiple building/group classifications which could include the dreaded Group B; also, if there are tenants requiring care, the building might not then belong to Group B (see 3.1.2.5).
Thus, it appears that the law does not in fact specify that my building must conduct fire drills every 3 months. The default requirement is once per 12 months.
Is this how you read it?
Last edited by SteveL on Wed Jan 26, 2011 2:20 pm; edited 4 times in total |
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SteveL

Number of posts: 260 Location: Toronto Registration date: 2008-06-04
 | Subject: Re: Fire drill law (calling all lawyers) Wed Jan 26, 2011 12:07 pm | |
| These fire drills are silly. After the superintendent uses the PA box located in each unit to tell us what's going on, an alarm sounds in each unit for 10-20 minutes. I have a pair of cats that do not like the noise, and it prevents my own concentration. Tenants are supposed walk downstairs and wait outside for 20-30 minutes. It's winter here; who's going to stand around outside for that period? Do we have nothing better to do? And why is it assumed that I will forget how to leave a building every 3 or 12 months?
Last edited by SteveL on Wed Jan 26, 2011 1:48 pm; edited 1 time in total (Reason for editing : typo) |
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SteveL

Number of posts: 260 Location: Toronto Registration date: 2008-06-04
 | Subject: If you're not bored by now… Wed Jan 26, 2011 2:22 pm | |
| According to 1.4.1.2, care occupancy (Group B, Division 3) "does not include a dwelling unit." But 3.1.2.5 says that "Group B, Division 3 occupancies are permitted to be classified as Group C major occupancies provided . . . the occupants live as a single housekeeping unit in a suite with sleeping accommodation for not more than 10 persons. . . ." How can there be sleeping accomodations if no "dwelling unit" is included?
And, 3.1.2.1 (2) seems to exclude the building from being classed as Group B because even if there are tenants needing care, it can't constitute a "major occupancy"--unless "part of a building" is given over to care.
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