Multiple-unit and rooming houses landlords are a frequent subject of the Toronto Fire Services inspections. In general, there are two reasons for this attention:

• In many cases, multiple-unit or rooming houses in Toronto are made of single-family detached or semi-detached residences.
• Tenants often complain to Toronto Fire Services due to either genuine concerns about fire safety or conflict with the landlord about the rent, parking, utility bill, etc.

It is not uncommon when these inspections result in provincial offences charges under the Fire Protection and Prevention Act and Fire Code. These charges are quite complex and filled with details and legal intricacies. 

What are common Fire Code offences?

The owners of the multiple-unit and rooming houses may get accused of the following Fire Code offences:

1. Failue to ensure that each dwelling unit and sleeping room not within a dwelling unit is separated from adjacent rooms and areas by fire separations having the required fire-resistance rating.
2. Closures in fire separations are not in accordance with the Building Code.
3. Failure to provide a minimum of 2 exits for each floor area when layout and number of stories require them.
4. Each fire escape used as an exit does not comply with the 1990 Building Code requirements.
5. Failure to ensure that the fire fuel appliances (water heater and furnace) are inside the service room with the required degree of fire separation.
6. All types of other Fire Code offences related to maintenance of the fire alarm system, fire distinguishers, outside and inside passageways and stairways and fire escapes.

Why may these Fire Code violations happen?

It often escapes landlords’ attention that the Fire Code requirements may vary depending on the following factors:

1. The number of stories in the house.
2. The number and layout of the units on each storey.
3. How many tenants live in each unit, and even whether these tenants belong to the same household.

What are fines for the Fire Code Offences?

Undoubtedly, Ontario Fire Protection and Prevention Act provides for harsh penalties.

• It includes fines for up to $50,000.00 for a first offence and $100.000.00 for a subsequent offence for individuals.
• Fines for corporations are up to $500,000 for a first offence and not more than $1,500,000 for a subsequent offence.
• Courts consistently impose fines on the first individual offenders in the range between $1,000.00 to $5,000.00 or higher for each separate violation.

What do I do if I am accused of a Fire Code violation?

There may be several defences available if the Toronto Fire Services take you to the Provincial Offences Court of the Fire Code violations:

• Officially induced error defence.
• Necessity defence.
• Due diligence defence.

Other defences also may exist. In some cases, even when no solid defence is available, the proper presentation of the extenuating circumstances to the court may save thousands of dollars in fines.

A Fire Code paralegal may certainly provide valuable help and representation if you get accused of the Fire Code offence. Please get in touch with us if you face these charges. We provide representation in the provincial offences courts of Toronto, Mississauga, York Region, Newmarket, and surrounding areas.