Integrity of Fire Separations

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.