Fire-related deaths and fatalities have been on the rise in Ontario. In 2023 alone, Ontario had 123 fire-related deaths.

This upward trend of fire-related deaths will result in an increase in fire inspections and enforcement measures by the Ontario Fire Marshal and local fire departments (collectively, “Fire Officials”). Penalties for non-compliance with enforcement measures are significant and can include a fine for individuals (ranging from $50,000 to $100,000) and/or corporations (ranging from $500,000 to $1,500,000), as well as potential prison time for individuals (up to one year).[1]

Responsibility To Administer Fire Safety

With different condominium community stakeholders (e.g., property managers, directors, staff, unit owners and residents), a common question is: Who is responsible for fire safety?

Fire safety compliance can be divided into two categories, the corporation’s common elements and individual units.

Common Elements

Typically, the corporation is responsible for fire safety compliance for the common elements. As such, to ensure the property manager is compliant with their fire safety obligations, we recommend the Board of Directors conduct the following.

First, the Board of Directors (the “Board”) should ensure that property management is attending to the corporation’s fire safety responsibilities in compliance with Ontario’s Fire Code. To determine this, the Board should request that property management regularly deliver a comprehensive report on fire safety compliance measures in place and include any fire safety issues that require rectification.

Second, if the corporation is a high-rise building, a corporation and its property management should be aware of the Fire Code’s requirement to prepare a Fire Safety Plan (i.e., a document that includes information on fire safety measures in a building). In addition, if a Fire Safety Plan is in place, the Board should ensure that it  is up to date, in compliance with the Fire Code, and that all necessary staff have been trained on the Fire Safety Plan. We recommend retaining a fire safety expert to assist with this process.

A key tip for corporations is to ensure that their management agreements include the responsibility for fire safety being assigned to property management. This can protect the corporation from potential liability in the event of fire safety violations.

Units

The type of corporation (e.g., high rise or townhouse) will determine which stakeholder, the corporation or unit owner, is responsible for fire safety compliance within units.

For a townhouse complex, unit owners are normally responsible for fire safety within their units because fire safety systems are typically not interconnected between units. As a result, unit owners may be responsible to conduct inspections and maintenance of fire safety equipment (e.g., smoke alarms) within their units. However, this depends on the type of townhouse complex as well as the provisions set out in a corporation’s Declaration.

For multi-unit buildings, the corporation and its agent (property management) are normally responsible for fire safety measures within individual units due to higher occupancy levels, proximity of units, interconnected fire safety systems, and shared common elements (e.g., mechanical and electrical systems). As a result, the Fire Code imposes additional fire safety responsibilities on the corporation to conduct inspections of fire safety equipment within units (e.g., smoke alarms, voice systems, fire proof front door). However, the responsibility to maintain and repair such equipment within units still requires reference to a corporation’s Declaration.

Fire Officials Inspections

Every corporation in Ontario will experience an inspection by a Fire Official at some point. The following are steps that can be taken to help ensure that the inspection goes smoothly, and the corporation does not incur penalties: 

1. Provide prompt and cooperative access to the Fire Official. 
   
2. If the Fire Official notes any violation or items that need correction, address them immediately and follow-up with the Fire Official to confirm completion. 
3. If there is a risk of charges being laid, or if a summons has been served, the corporation should contact their lawyer immediately to discuss necessary steps. 

Key Takeaways

Corporations must pay attention to fire safety and ensure they are compliant with the Condominium Act, 1998; the Fire Code; and their Declarations. Ultimately, the Board is responsible for this – the buck stops with them. The extensive and complex nature of fire safety matters can make this difficult to do without the assistance of professionals.  

If a corporation requires guidance on fire safety related matters, reaching out to a lawyer and a fire safety expert can provide valuable insights and assistance to successfully deal with all issues.