Integrity of Fire Separations

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Spirit of the North, Canadian Addiction Recovery Network v Burk’s Falls and District Fire Department, 2018 CanLII 83058 (ON FSC)

[87] The appellant argues that by the respondent’s logic, any damage to the walls, no matter how insignificant, would constitute damage to a fire separation. However, the appellant submits that many of the contraventions identified by the respondent do not rise to the level of affecting the integrity of a wall or ceiling’s fire-resistance rating.

[88] The Commission agrees with the appellant’s argument that in order to affect the integrity of a fire-resistance rating, damage to a fire separation must be more than superficial. The language in the Code lends to this conclusion. It states, essentially, that repairs must be made where separations “are damaged so as to affect the integrity of their fire-resistance rating” [emphasis added]. The wording of this provision implies that there are instances where there may be damage to a fire separation, but that damage is not significant enough to require repairs because it does not affect fire-resistance.

City of Kitchener Fire Department v Terrace Good, 2015 CanLII 106163 (ON FSC)

7. The Inspection Order served by the Appellant identified the following reasons, as specified in Appendix A of the Order:

3. Door closures comply with Fire Code O. Reg. 213/07, Div. B 2.2.3.2 (c).

Closures in fire separations shall be maintained to ensure they are operable at all times by making necessary adjustments and repairs to door hardware and accessories to ensure proper closing and latching.

Comment: All fire rated doors shall be tested, adjusted and maintained to ensure they close and latch upon release. All gapping shall be reduced to 6mm clearance beneath and not more than 3 mm at the top and sides.

18. The Commission grants the application and authorizes the Appellant to complete, on or after January 20, 2016, all work set out in the Inspection Order dated February 12, 2014, if the Respondent does not remedy all deficiencies on or before January 19, 2016.