Policy No. 65 — Respecting a System of Municipal Fire Inspections
Barrington, Nova Scotia
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POLICY NO. 65
A POLICY RESPECTING A SYSTEM OF MUNICIPAL FIRE INSPECTIONS
1. This Policy is entitled the "System of Municipal Fire Inspections"
2. Background
The Province of Nova Scotia proclaimed the Fire Safety Act Bill 101 and Fire Safety
Regulations to come into force on February 28, 2003. Under the Fire Safety Act and
Regulations, municipalities are directed by the Province of Nova Scotia to provide basic fire
inspection service starting September 1, 2003.
The new fire safety inspection process will involve a set of initial inspections, follow-up
visits and enforcement that will consume much more time and resources for each affected
property than will be required once the program has been established for a period of time.
The Fire Safety Act specifies an ongoing inspection schedule for Type A assembly
buildings. The Municipality intends to meet this time line. The Act does not specify an
inspection schedule for buildings types C to F. This Policy will set an inspection regime for
these buildings.
Criteria developed in this Policy will allow reasonable flexibility for compliance where
circumstances warrant. It is expected that many properties requiring expensive or extensive
remediation will be given a reasonable amount of time to comply.
3. In this Policy:
(a)
ASSEMBLY OCCUPANCY (GROUP A), means the Assembly Occupancy as defined
in
the National Building Code of Canada (2010) , as amended from time to time;
(b)
CARE AND DETENTION OCCUPANCIES (B1, B2, B3 occupancies) - means care
and detention occupancies as defined in the National Building Code of Canada (2010) as
amended from time to time;
(c)
RESIDENTIAL OCCUPANCY (GROUP C), means a Residential Occupancy as
defined in the National Building Code of Canada (2010), as amended from time to time;
(d)
BUSINESS AND PERSONAL SERVICE OCCUPANCY (GROUP D), means a
Business and Personal Service Occupancy as defined in the National Building Code of
Canada (2010), as amended from time to time;
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(e)
MERCANTILE OCCUPANCY (GROUP E), means a Mercantile Occupancy as
defined in the National Building Code of Canada (2010), as amended from time to time;
(f)
INDUSTRIAL OCCUPANCY (GROUP F), means an Industrial Occupancy as defined
in the National Building Code of Canada (2010), as amended from time to time;
(g) MUNICIPAL FIRE INSPECTOR, means a person appointed by the Municipality as a
Municipal Fire Inspector pursuant to Fire Safety Act, Chapter 6 of the Acts of 2002, as
amended from time to time;
(h)
FIRE SAFETY ACT, means "An Act to Promote and Encourage Fire Safety", Chapter 6
of the Acts of 2002, Nova Scotia as amended from time to time, and any other successor
legislation;
(i)
FIRE SAFETY REGULATIONS, means the "Regulations Respecting Fire Safety"
made by the Governor in Council pursuant to Section 51 of Chapter 6 of the Acts of
2002, the Fire Safety Act., as amended from time to time;
(j)
COUNCIL, means the Council of the Municipality of the District of Barrington.
4. Pursuant to Section 19 of the Fire Safety Act this Policy establishes a "System of
Municipal Fire Inspections" to provide for compliance with that Act and the Fire Safety
Regulations and that recognizes municipal resources, geography and priorities based upon a risk
assessment.
5.
Municipal Fire Inspector
Pursuant to Section 19 of the Fire Safety Act, Council shall appoint one or more
Municipal Fire Inspectors, whom shall carry out the System of Municipal Fire Inspections in
accordance with the requirements of the Fire Safety Act and Fire Safety Regulations.
6.
System of Inspections
Pursuant to Section 3 of this Policy, Council hereby establishes the following "System of
Municipal Fire Inspections".
(a)
Assembly Occupancies (Group A) -
(i) within 12 months of the coming into force of these regulations, assembly occupancies
(Group A) in which alcoholic beverages are served and that require a fire alarm in
accordance with the Building Code;
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(ii) within 24 months of the coming into force of these regulations, all assembly
occupancies (Group A) in which alcoholic beverages are not served and that require a fire
alarm in accordance with the Building Code; and
(iii) within 36 months of the coming into force of these regulations, all assembly
occupancies (Group A) that do not require a fire alarm in accordance with the Building
Code.
(b)
Care and Detention Occupancies (B1, B2, B3) -
Currently municipalities are not required to inspect Care and Detention Occupancies
(Group B). This condition may change in the future. All "B" occupancies are currently
inspected by the Fire Marshalls' Office (OFM)
(c)
Residential Occupancies (Group C) -
(i)
Buildings with more than three units, and not regulated under the Homes for
Special Care
Buildings will be inspected every 3 years on a rotational basis unless the
Municipal Fire Inspector deems that, to reduce the risk of fire and loss of life, a
more frequent inspection of one or more particular building is required.
(ii)
Buildings with three units or less.
Buildings will be inspected only upon receipt of the written request of an owner,
and only if the inspection to be conducted is not for insurance purposes, or upon
the Municipal Fire Inspection obtaining a warrant allowing such inspection
pursuant to Section 24 of the Fire Safety Act.
(d)
Mercantile Occupancies (Group E) -
Buildings will be inspected every 5 years on a rotational basis unless the Municipal Fire
Inspector deems, that to reduce risk of fire and loss of life, a more frequent inspection of
one or more particular building is required.
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(e)
Business and Personal Service Occupancies (Group D) -
Buildings will be inspected every 5 years on a rotational basis unless the Municipal Fire
Inspector deems that, to reduce risk of fire and loss of life, a more frequent inspection of
one or more particular building is required.
(f)
Industrial Occupancies -
Buildings will be inspected every 5 years on a rotational basis unless the Municipal Fire
Inspector deems that, to reduce risk of fire and loss of life, a more frequent inspection of
one or more particular building is required.
7.
Failure to Comply with Order
(a)
Orders to Comply
Municipal Fire Inspectors may issue an "Order to Comply" to remedy noted
deficiencies. Where the owner of a building, land or premises fails to comply
with an Order to Comply issued by the Municipal Fire Inspector, the Municipal
Fire Inspector may take action as set out in Section 44 of the Fire Safety Act
which could include a Summary Offence Ticket or Summary Conviction.
Council may be approached before such measures are carried out.
(b)
Completing Matters or Remedies of Deficiencies not Completed by Owner
Pursuant to the Fire Safety Act, and subject to the approval of the Fire Marshall
and Chief Administrative Officer, where an owner of a building, land or premises
fails to comply with an Order issued by the Municipal Fire Inspector, the
Municipal Fire Inspector may carry out or cause to be carried out an Order.
Clerk's Annotation for Official Policy Book
Date of Notice to Council Members
January 23, 2012
Date of Passage of Policy
February 13, 2012
I certify that this Policy was adopted by Council as indicated above.
Clerk
Date
date