Enforcement- Existing Building

[Plumb-bob]

I was invited on a fire inspection of an existing Pt3 building by the deputy fire chief. A true fire trap: F-2 storage downstairs with tires, bulk flammable liquids, vehicles, etc.

4 residential suites upstairs, 1 unprotected egress stair, no fire separations between occupancies. We suspect there is somebody living downstairs but cannot prove it. No fire alarm, no sprinklers, emergency lights not working. I could go on and on.

How would this be handled in your towns?

 

[tmurray]

This would be driven primarily from our local fire prevention officers.

There are three departments that would be involved in this, fire prevention, building inspection, planning. Planning needs to confirm the acceptable uses of the property to guide us on if the actual uses are acceptable. If not, we know what uses need to disappear from the property which will drive the order. The fire prevention officer will work with us to develop a list of code issues, we then prioritize the list.

Ultimately, the fire prevention officer has the ability to prevent occupancy of the building, so in an egregious enough situation, they may take this action. Usually they would use the prioritized list and have a threshold that must be met before the building is permitted to be occupied again. The concern with preventing occupancy is always where these people will go. You may want to consider if you are placing these people at more risk by preventing occupancy. It's Canada. It's February. If someone has no where else to go, it's a rough time of the year to be homeless.

You may be well served to speak with your lawyer on enforcement options.

 

[Inspector Gadget]

Another angle to approach - you sure the tires/vehicles/liquids push it to F2? Not F1? What was it supposed to be in the first place?
In short, can you prove that a "change in occupancy" has taken place (ie: through the storage of the dangerous items) and issue an Order to Comply that requires the owner to (a) within 15 days obtain a building permit for the change of occupancy, and within 30 days, complete construction of the required fire separations, or (b) alternately, remove the [list the dangerous items] that trigger the change of occupancy requirements.

 

[e hilton]

The concern with preventing occupancy is always where these people will go. You may want to consider if you are placing these people at more risk by preventing occupancy. It's Canada. It's February. If someone has no where else to go, it's a rough time of the year to be homeless.

It’s Feb now, but it could be July by the time the process reaches the eviction stage.

 

[Yikes]

Sorry, can you explain what a "Pt3" building is?

 

[Plumb-bob]

In Canada buildings are typically either complex (Pt3) or simple (Pt9), based on size or occupancy classification. Pt3 buildings require the engagement of registered professionals like engineers and architects.

 

[Plumb-bob]

Yes I will be working with the fire dept. on this, they have historically been very hesitant to become involved in any enforcement actions. We have a sizable homeless population already and making more people homeless seems like a non-starter. I will see if the boss wants a legal opinion.

Thanks for your replies.

 

[tmurray]

It’s Feb now, but it could be July by the time the process reaches the eviction stage.

We wouldn't consider it an eviction it is simply an order against occupancy. It is made by the official and it is instant. If they inspect a building now and decide the hazard is severe enough to warrant preventing the building from being occupied, the order applies immediately.

 

[tmurray]

Sorry, can you explain what a "Pt3" building is?

Part 3 is kind of like the IBC
Part 9 is kind of like the IRC

I say kind of because Part 9 includes some low rise commercial with lower occupancy and hazard levels.

 

[Plumb-bob]

We wouldn't consider it an eviction it is simply an order against occupancy. It is made by the official and it is instant. If they inspect a building now and decide the hazard is severe enough to warrant preventing the building from being occupied, the order applies immediately.

Although the hazard is severe, so is the weather outside today, -25c. Dont think there is any appetite to force people into that.

 

[Plumb-bob]

So this is what I did- sent a formal letter (co-signed by fire chief and town planner) detailing fire code issues that must be addressed within 48hours, these are the immediate life-safety issues. Re-inspection will be performed after 48 hours.
Detailed building code and zoning bylaw issues, gave 14 days to present a plan of action to bring the building from unlawfully nonconforming to compliant.