Immediate Threat to Life (Fire Code)

From Riverview Legal Group


Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4

15 (1) If the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, he or she may, without a warrant, enter on any land or premises and, for the purpose of removing or reducing the threat, may,

(a) remove persons on the land or premises;
(b) post a fire watch;
(c) remove combustible or explosive material or anything that may constitute a fire menace;
(c.1) dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal;
(d) eliminate ignition sources;
(e) install temporary safeguards, including fire extinguishers and smoke alarms;
(f) make minor repairs to existing fire safety systems;
(g) do any other thing that the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe is urgently required to remove or reduce the threat to life. 1997, c. 4, s. 15 (1); 2002, c. 18, Sched. N, s. 3; 2016, c. 37, Sched. 9, s. 1.
(2) A person who enters land or premises under subsection (1) shall promptly after exercising any powers under this section give notice thereof to the owner if the owner’s whereabouts in Ontario are known. 1997, c. 4, s. 15 (2).
(3) The person who gives notice under subsection (2) shall post a copy of the notice on the land or premises. 1997, c. 4, s. 15 (3).
(4) The notice shall,
(a) describe the location of the land or premises;
(b) state the reason for the entry; and
(c) state the things done under subsection (1) to remove or reduce the threat to life. 1997, c. 4, s. 15 (4).
(5) A person who enters on land or premises under this section may call on police officers as necessary and may use force as necessary to make the entry. 1997, c. 4, s. 15 (5).

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References

  1. Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, <https://www.ontario.ca/laws/statute/97f04#BK26>, retrieved 2021-09-28