Inspection of buildings and premises
18. (1) Subject to the regulations, the Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal, an inspector or an assistant to the Fire Marshal may, upon the complaint of a person interested, or when he or she considers it necessary so to do, without such complaint, inspect all buildings and premises within his or her jurisdiction, and for the purpose may at all reasonable hours enter into and upon the buildings and premises for the purpose of examination, taking with him or her, if necessary, a constable or other police officer or the other assistants that he or she considers proper. R.S.O. 1990, c. F.17, s. 18(1). Orders on inspection (2) If, upon the inspection, it is found that a building or other structure is for want of proper repair or by reason of age and dilapidated condition or any other cause especially liable to fire, or is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein or that exits from the building or buildings are inadequate or improperly used, or that there are in or upon the buildings or premises combustible or explosive materials or conditions dangerous to the safety of the buildings or premises or to adjoining property, or that a provision of the fire code is being contravened, or that a fire, once started, would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it, the officer making the inspection may order, (a) the removal of the buildings or the making of structural repairs or alterations therein; (b) the removal of combustible or explosive material, or the removal of anything that may constitute a fire menace; (c) the installation of safeguards by way of fire extinguishers, fire alarms and other devices and equipment and also such avenues of egress, fire escapes and exit doors as are considered necessary to afford ample exit facilities in the event of fire or an alarm of fire; (d) with the approval of the Fire Marshal and on the terms and conditions that the Fire Marshal considers proper, the closing of the buildings, other structures or premises until the time that corrective action has been taken and the hazardous condition has been rectified; and (e) the remedying of any contravention of the fire code. R.S.O. 1990, c. F.17, s. 18(2); 1991, c. 45, s. 2(1). Repairs, etc., deemed not to be in contravention (3) Where repairs, alterations or installations are carried out in compliance with an order made under this section, the repairs, alterations or installations shall be deemed not to be in contravention of the building code established under the Building Code Act, despite its provisions. No order where compliance (4) Where a building, other structure or premises has been constructed within the meaning of the Building Code Act in compliance with the building code established under that Act and continues to comply with that code as it existed at the time of construction, no officer making an inspection shall order the making of structural repairs or alterations in the building, other structure or premises. Copy of order (5) Where the officer making an inspection orders the making of repairs, alterations or installations in the building, other structure or premises, he or she shall furnish a copy of the order to the proper chief building official appointed under the Building Code Act. Electrical installations (6) If, upon the inspection, it is found that a building or other structure is by reason of the inadequacy or want of repair of its electrical installations and wiring especially liable to fire, the officer making the inspection may order a reinspection by Ontario Hydro of the electrical installations and wiring and that the cost of such reinspection be paid by the owner or occupant of the building or other structure. Removal of process from buildings (7) The Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal, an inspector or an assistant to the Fire Marshal may order the removal from any building not being of fire-resistive construction or being within fifty feet of a hospital, school, church, theatre or any other place of public assembly or a hotel, apartment house or multiple occupancy dwelling, of a process of manufacture or other occupancy that because of the danger of fire or explosion is especially hazardous to life or property or may order that any such premises shall not be used for any such process or occupancy. Contents and service of order (8) An order made by an officer under subsection (2) or (7) shall set out the reasons for the order, the action required to be taken, the time for compliance with the order and the right to request a review of the order and to apply for a hearing and appeal under this section, and a copy of the order shall be served upon the owner and occupant of the building, other structure or premises. Direction by Fire Marshal (9) Where an order made under clause (2)(d) requires the closing of a building, other structure or premises and the Fire Marshal is of the opinion that it is necessary for the immediate protection of persons and property that the building, other structure or premises should be closed forthwith, the Fire Marshal may direct that the building, other structure or premises be closed forthwith and remain closed until the corrective action required by the order has been taken or an appeal from the order is heard and determined. Informal review (10) The Fire Marshal may, upon the request in writing of the occupant or owner of the building, other structure or premises or in any other case he or she sees fit, review and amend or rescind an order made by an officer under subsection (2) or (7) and in so doing the Fire Marshal is not required to hold a hearing. R.S.O. 1990, c. F.17, s. 18(3-10). Appeal to Fire Code Commission (11) Any person who considers themself aggrieved by an order made by the Fire Marshal or an officer under subsection (2) or (7) or amended under subsection (10) may, within ten days after the order is made or amended, apply to the Fire Code Commission for a hearing and appeal. R.S.O. 1990, c. F.17, s. 18(11); 1993, c.27, Sched. Powers of Commission (12) Where an application is made under subsection (11), the Fire Code Commission shall appoint a time for and hold the hearing and may rescind or affirm the order of the Fire Marshal or officer or take such action as the Commission considers the Fire Marshal or officer ought to take in accordance with this section, and for such purposes the Commission may substitute its opinion for that of the Fire Marshal or officer. Extension of time (13) The Fire Code Commission may extend the time for making an application under subsection (11) either before or after expiration of the time fixed in subsection (11), where it is satisfied that there are apparent grounds for granting relief to the applicant pursuant to a hearing and that there are reasonable grounds for applying for the extension and may give the directions that it considers proper consequent upon the extension, but no application for extension of time shall be made more than thirty days after the order appealed from was made or amended. Lifting of stay (14) The Fire Code Commission may, upon application therefor which may be made without notice, order that the order appealed from be not stayed pending the outcome of the appeal but shall take effect immediately where, in its opinion, the action is necessary in the interest of public safety. Appeal to Divisional Court (15) Any party to the hearing before the Fire Code Commission under subsection (12) may appeal from the decision of the Commission to the Divisional Court in accordance with the rules of court. Minister entitled to be heard (16) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under subsection (15). Powers of court on appeal (17) An appeal under subsection (15) may be made on any question that is not a question of fact alone and the court may confirm or alter the decision of the Fire Code Commission or direct the Fire Marshal or officer to do any act he or she is authorized to do under this section or may refer the matter back to the Commission for reconsideration by the Commission as the court considers proper and the court may substitute its opinion for that of the Fire Marshal or officer or the Commission. Offence (18) Every person who fails to comply with an order made under subsection (2), (7), (12) or (17) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order. Powers of Ontario Court (Provincial Division) (19) Where an order is not complied with within thirty days after conviction under subsection (18), the Ontario Court (Provincial Division) may, upon application by the Fire Marshal or an officer which may be made without notice, order the closing or removal of the building, other structure or premises or the removal of any substance, material or thing from it where, in its opinion, such action is necessary in the interest of public safety. R.S.O. 1990, c. F.17, s. 18(12-19). Municipal costs may be collected as municipal taxes (20) If an order made under subsection (19) relates to land or premises in a municipality, the municipality shall have a lien on the land or premises for amounts spent by the municipality in carrying out the order and the amounts shall be deemed to be municipal taxes and may be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes. Provincial costs may be collected as municipal taxes (20.1) If an order made under subsection (19) relates to land or premises in a municipality and the Fire Marshal instructs the municipality to recover amounts spent by the Province of Ontario in carrying out the order, the municipality shall have a lien on the land or premises for those amounts and they shall be deemed to be municipal taxes and shall be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes. Idem (20.2) A lien created under subsection (20.1) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 9(5)(b) of the Municipal Tax Sales Act. Idem (20.3) Subject to subsection (20.5), money collected in accordance with subsection (20.1), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Treasurer of Ontario. Definition: cancellation price (20.4) In subsections (20.5) and (20.6), “cancellation price” has the same meaning as in the Municipal Tax Sales Act. Proceeds of tax sale (20.5) If there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Treasurer of Ontario under this Act, the Environmental Protection Act or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land. Cancellation price (20.6) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act. 1991, c. 45, s. 2(2). Service and posting of notice (21) Where an order or direction made under subsection (2), (9) or (19) requires the closing of a building, other structure or premises, a copy of the order or direction shall be served upon the owner if the owner’s whereabouts in Ontario are known and shall be posted on the building, other structure or premises and no person shall enter the building, other structure or premises or remove such copy unless authorized by the Fire Marshal or an officer. Offence (22) Every person who contravenes subsection (21) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both. Fine (23) Every person who hinders or disturbs the Fire Marshal or an officer in the exercise of his or her duties under this section is liable on conviction under section 15 to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both. Restraining order (24) Where it appears to the Fire Marshal or an officer that any person does not comply with an order made under this section, despite the imposition of any penalty in respect of the noncompliance and in addition to any other rights he or she may have, the Fire Marshal or officer may apply to a judge of the Ontario Court (General Division) for an order directing the person to comply with the order, and upon the application, the judge may make such order as the judge thinks fit. Appeal (25) An appeal lies to the Divisional Court from an order made under subsection (24). Service of notice, etc. (26) Where any notice, order, direction or other document is authorized or required to be given, served or delivered to a person under this section, the document may be served personally or by mail addressed to the person or the person’s agent for service at the last known address of the person or agent and, where service is by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person or the agent for service establishes that the person or person’s agent did not, acting in good faith, through absence, accident, illness or other cause beyond their control receive the document until a later date. R.S.O. 1990, c. F.17, s. 18(21-26). (27) REPEALED: 1991, c. 45, s. 2(3).