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CONDOCENTRIC: New Smoke Alarm Law Effective March 1, 2006
On March 1, 2006, a new regulation to the Ontario Fire Code will come into force requiring upgrades to the smoke alarm system in all detached houses, semi-detached houses and row houses, including condominiums, as well as any other dwelling unit that is not otherwise regulated by Retrofit, Part 9 of the Fire Code.* So this means that some but not all condominiums will have to comply with this new regulation.
The new regulation found in Article 2.13.2.3(2.1) of the Fire Code requires at least one smoke alarm to be installed on each storey of a dwelling unit that does not contain a sleeping area (including basements). This amendment expands upon the existing Fire Code requirement that smoke alarms be placed outside all sleeping areas and which requirement also applies to condominiums.
A “smoke alarm” is defined in the regulations to mean a combined smoke detector and audible alarm device that is designed to sound an alarm within the room or suite in which it is located when there is smoke within the room or suite.
The penalties for non-compliance with smoke alarm requirements can result in fines (and/or jail time) ranging from $235 up to $50,000.
A recent Ontario court decision has held that a condominium corporation has an obligation to take all reasonable steps to ensure that the units contain proper, functioning smoke alarms and that the requirements of the Fire Code are met. To find out more about how this new Fire Code requirement may affect your condominium corporation, or to learn about a periodic unit inspection checklist, please contact us!
*Some multi-level, multi-unit residential buildings, including high-rise condominiums, are regulated by Part 9 of the Fire Code and will be unaffected by the new regulation. The smoke alarm requirements for these types of buildings are already set out in Part 9 of the Code.
From “Common Elements” Winter 2006
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.
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