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Home My WebLink AboutChapter 736 - Fire Code - National PROTECTION Chapter 736 FIRE CODE - NATIONAL Article I INTERPRETATION 736.1.1 Citation - Fire Prevention By-law 736.1.2 Authority having jurisdiction - defined 736.1.3 Dwelling Unit - defined 736.1.4 Inspector- defined 736.1.5 National Building Code - defined 736.1.6 Order- defined 736.1.7 Ontario Fire Code- defined Article 2 APPLICATION 736.2.1 Code- adoption - declared part of this Chapter 736.2.2 Buildings - existing - applicable to 736.2.3 Compliance- required 736.2.4 Highest standard - to take precedence Article 3 INSPECTION 736.3.1 Inspection - right of entry -buildings -premises 736.3.2 Inspector- obstruction of-prohibited KITCHENER 736.1 NOVEMBER 1988 736.1.1 FIRE CODE 736.1.2 Article 4 ORDERS 736.4.1 Non-compliance- fire hazard 736.4.2 Fire Marshals Act- applicable 736.4.3 Balcony- grill -barbecue-prohibited 736.4.4 Extinguisher-battery powered industrial truck 736.4.5 Extinguisher- standpipe hose cabinet 736.4.6 Number- affixed to building Article 5 ENFORCEMENT 736.5.1 Fine- for contravention 736.5.2 Fine- no relief from compliance Article 6 SEVERABILITY 736.6.1 Severability Article 7 EFFECTIVE DATE 736.7.1 Final passage-upon Article I INTERPRETATION 736.1.1 Citation-Fire Prevention By-law This Chapter may be cited as the"Fire Prevention By-law." 736.1.2 Authority having jurisdiction-defined "Authority having jurisdiction"shall have the same meaning as an"Inspec- tor"as defined herein. NOVEMBER 1988 736.2 KITCHENER 736.1.3 FIRE CODE 736.2.3 736.1.3 Dwelling Unit-defined "Dwelling Unit"means a room or a suite occupied or designed to be occu- pied by one or more persons as an independent and separate housekeeping establishment and usually containing cooking, eating,living, sleeping and sanitary facilities. 736.1.4 Inspector-defined "Inspector" means the duly appointed Chief or the Deputy Chief of the Kitchener Fire Department or Fire Prevention Officer for the City. 736.1.5 National Building Code-defined In this Chapter,the National Building Code of Canada,as referred to in the National Fire Code, shall mean the Ontario Building Code Pict, 1992, as amended and revised from time to time, and Ontario Regulations made thereunder,as amended and revised from time to time,which Act and Regu- lations are known as the Ontario Building Code. 736.1.6 Order-defined "Order"means an authoritative direction from an Inspector requiring com- pliance with the provisions of this Chapter.By-law 87-215, 14 September, 1987. 736.1.7 Ontario Fire Code- defined "Ontario Fire Code"means Ontario Regulation 67/87 as it may be amended or revised from time to time.By-law 91-193, 13 May, 1991. Article 2 APPLICATION 736.2.1 Code-adoption- declared part of this Chapter The National Fire Code of Canada, 1985,as revised from time to time,here- inafter called the"National Fire Code",subject to such additions or deletions as may be hereinafter set out,is hereby adopted and declared to be a part of this Chapter. 736.2.2 Buildings-existing-applicable to In addition to other matters set out in the National Fire Code,this Chapter ap- plies to buildings that are in existence on the date upon which this Chapter comes into effect. 736.2.3 Compliance-required The owner,occupant or lessee of any building shall ensure that it be made to comply with the provisions of this Chapter. KITCHENER 736.3 JUNE 1991 736.2.4 FIRE CODE 736.4.1 736.2.4 Highest standard-to take precedence Where the provisions and regulations contained in this Chapter are at vari- ance with any applicable Provincial Statute or Regulation,the more strin- gent regulation or standard will take precedence. Article 3 INSPECTION 736.3.1 Inspection-right of entry-buildings-premises An Inspector,for the purpose of carrying out an inspection to ascertain com- pliance with any of the provisions of this Chapter may,upon complaint or, when the Inspector considers it necessary so to do,without such complaint, inspect all buildings and premises within the Inspector's jurisdiction,and for such purpose may at all reasonable hours enter into and upon the said build- ings and premises,taking a Constable or other Police Officer or such other person as the Inspector considers proper and necessary under the circumstances. 736.3.2 Inspector-obstruction of-prohibited Every person who obstructs,hinders or otherwise disturbs an Inspector in the execution of his/her duties under this Section, or who knowingly pro- vides false information to an Inspector,is guilty of an offence and,on con- viction,is liable to a penalty as hereinafter set forth. Article 4 ORDERS 736.4.1 Non-compliance-fire hazard Where an Inspector finds that a provision of this Chapter has been contra- vened,or has not been complied with,or has been complied with improperly or only in part,or that a condition or conditions exist in or upon a building or property to which this Chapter applies which, in the Inspector's opinion, constitute a fire hazard to life or property or both,the Inspector may make an Order to ensure full and proper compliance with this Chapter and,in particu- lar,but without limiting the generality of the foregoing,may: (a) make to the owner,occupant or lessee of the building or property such recommendation as the Inspector deems necessary to correct the contravention or to ensure compliance with this Chapter,or to remove the hazards referred to in this Chapter,or (b) make such other Order or Orders as the Inspector deems necessary with respect to any of the matters referred to in this Chapter. JUNE 1991 736.4 KITCHENER 736.4.2 FIRE CODE 736.5.2 736.4.2 Fire Marshals Act-applicable The provisions of the Fire Marshals Pict,as amended or revised from time to time,respecting the contents and service of the Order,and the appeal proce- dure therefrom, apply mutatis mutandis to an Order issued under this Chapter. 736.4.3 Balcony-grill- barbecue-prohibited Notwithstanding the provisions of the Ontario Fire Code, no person shall light,ignite or start,or permit to be lighted,ignited or started,a fire in a grill or barbecue for the purpose of cooking food on a balcony of any building containing two(2)or more dwelling units. 736.4.4 Extinguisher-battery powered industrial truck Each battery-powered industrial truck shall be equipped with a 513C or higher rated portable extinguisher conforming to the standards requirements of Part 6 of the Ontario Fire Code. 736.4.5 Extinguisher-standpipe hose cabinet In addition to the requirements set out in the Ontario Fire Code, each standpipe hose cabinet shall have installed therein a 2A l OBC or higher rated fire extinguisher conforming to the standards requirements of the Ontario Fire Code. 736.4.6 Number-affixed to building Every owner of a building along any highway in the City shall obtain from the City a number assigned by the City for that building and affix same to the building in such a manner as to be easily legible at all times from the high- way.By-law 87-215, 14 September, 1987. Article 5 ENFORCEMENT 736.5.1 Fine-for contravention Every person who contravenes any provision of this Chapter,or fails to com- ply with any Order issued under this Chapter,is guilty of an offence and is li- able, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000),exclusive of costs,for each offence,recoverable under the Provin- cial Offences Pict.By-law 91-193, 13 May, 1991. 736.5.2 Fine-no relief from compliance The imposition or payment of a fine for failure to comply with an Order does not relieve the person convicted from the continuing obligation of comply- ing with that Order. KITCHENER 736.5 JUNE 1991 736.6.1 FIRE CODE 736.7.1 Article 6 SEVERABILITY 736.6.1 Severability It is hereby declared that each and every of the foregoing provisions of this Chapter is severable and that,if any provision of this Chapter should for any reason be declared invalid by any Court,it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall re- main in full force and effect. Article 7 EFFECTIVE DATE 736.7.1 Final passage-upon This Chapter shall come into force and take effect as of the day of final pas- sage of the enabling by-law.By-law 87-215, 14 September, 1987. JUNE 1991 736.6 KITCHENER