BYLAW - Fire Prevention - 19800421 - 233279'' ' ~ ·,:.--1· " ·, :·
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BY-LAW NUMBER 2332-79
A By-law of The Corporation of the Town of Aurora respecting
fire prevention.
The Council of The Corporation of the Town of Aurora enacts as follows:
This By-law is designed to control the maintenance of satisfactory
conditions for preventing fires, and the spreading of fires, and for
the preservation of life by measures introduced for the purpose of
fire prevention and fire protection.
In this By-law;
(a) "Appliances for protection against fire" include fire alarm
systems, fire· extinguishers, fire extinguishment systems, fire
protection systems, sprinkler systems, standpipe and hose systems,
emergency lighting and exit lighting,
(b) "Building Code" means The Building Code Act, 1974 S.O. Chapter 74,
as amended, and the Regulations made thereunder, being Ontario
Regulation 925/75, as amended, or any regulation made in
substitution therefor,
(c) "Chief Building Official" means the Chief Building Official of
the Corporation,
(d) "Chief Fire Official" means the Chief of the Fire Department of
the Corporation,
(e)
(f)
(g)
(h)
( i)
"Corporation11 means The Corporation of the Town of Aurora,
11 Fire Department" means the Fire Department of the Corporation,
"Fire Marshal" means an officer who shall be appointed by the
Lieutenant Governor in Council and is known as the Fire Marshal of
Ontario,
"Fire Prevention Officer" means a person who is assigned to the Fire
Prevention Bureau of the Fire Department.
"His" importing the singular number or the masculine gender only shall
include more persons, parties or things of the same kind than one,
and female as well as males and the converse,
(j) "Inspector" has the same meaning as Fire Prevention Officer,
(k) "N.F.C.C. -1977" means The National Fire Code of Canada 1977 issued
by the Associate Committee on The National Fire Code, National
Research Council of Canada,
(1) "Owner" includes the person for the time being managing or receiving
the rent of the land or premises in connection with which the word
is used whether on his own account or as agent or trustee of any other
person or who would so receive the rent if such land and premises were
let, and shall also include a lessee or occupant of the property who,
under the terms of
1
a lease, is required to repair and maintain the
property in accordance with the standards for maintenance and occupancy
of property, and
(m) "Property" means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto and
vacant land.
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PART 1 -APPLICATION AND DEFINITIONS
In addition to the provisions of Section 2 hereof, Part 1 entitled
"Application and Definitions" of N.F.C.C. -1977 is hereby adopted,
subject to the following amendments:
1. Subsection 1 of Section 1 of the said Part 1 is hereby repealed.
2. Subsection 2 of Section 2 of the said Part 1 is amended by striking
out the definition "approved" and substituting therefor the following:
"approved" means with respect to materials, systems and equipment,
to the same standard accepted in the Building Code or in this By-law,
or if not covered herein, to a standard specified by the Chief Fire
Official.
3. Subsection 2 of Section 2 of the said Part 1 is amended by striking
out the definition "authority having jurisdiction" and substituting
therefor the following definition;
"Authority having jurisdiction" means the Chief Fire Official, Fire
Prevention Officers of the Fire Prevention Bureau of the Fire Department
of The Corporation of the Town of Aurora.
Subsection 2 of Section 2 of the said Part 1 is amended by the addition
thereto of the following definitions.
"Covered Mall" means a covered or roofed area in which the least
horizontal dimension is thirty (30) feet or more and which is used as a
pedestrian thoroughfare to connect two or more buildings, the authority
having jurisdiction may classify an area within a separate building or
covered mall.
"Decorative Material 11 means all such materials as curtains, draperies,
streamers, surface coverings applied over the building interior finish
for any purpose, and also cloth, cotton batting, straw, vines, leaves,
trees and moss used for decorative effect, but does not include floor
coverings and ordinary window shades.
11 0rder" means an authoritative direction requiring compliance with this
By-law.
"Sidewalk Sales" in a covered mall means the temporary use, for the
display and sale of merchandise, of areas normally designated as pedestrian
travel space, but not within the required means of egress from the covered
mall.
"Special Events" in a covered mall means displays and activities other
than sidewalk sales, including, without limiting the generality of the
foregoing, exhibits of vintage cars, exhibits of boats, flower shows and
art shows and seasonal promotions.
The definition "supervisory staffn in Subsection 2 of Section 2 of the said
part 1 is amended by striking out the expression "and may also refer to the
local Fire Department where it assumes these responsibilities" where it
occurs therein.
"Unprotected Openings" (as applying to exposing building face) means a
doorway, window or opening other than one equipped with a closure having
the required fire protection rating, or any part of a wall forming part
of the exposing building face that has a fire resistance rating less than
required for the exposing building face.
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PART 2 -BUILDING AND OCCUPANT FIRE SAFETY
Part 2 entitled "Building and Occupant Fire Safety" of the N.F.C.C. -1977
is hereby adopted, subject to the following amendments:
The said Part 2 is hereby amended by striking out
the expression "National Building Code of Canada
1977" wherever it occurs therein and substituting
therefor, in each case, the expression 11 Building Code.11
Article 2 of Subsection 1 of Section 1 of the said Part 2 is hereby repealed
and the following substituted therefor:
2.1.1.2. Deviations from requirements shall be
permitted, provided that the Chief Fire
Official is satisfied that either the
building as constructed provides an
acceptable degree of life safety, or
alternative measures are taken to provide
such safety.
Article 1 of Subsection 1 of Section 6 of the said Part 2 is hereby repealed
and the following substituted therefor:
2.6.1.1 (1) Heating, ventilating and air conditioning
appliances and equipment shall be installed
in conformance with the Building Code.
(2) In addition to the provisions of Sentence
1 hereof, The Energy Act, 1971 S.O. Chapter
44, and all regulations passed thereunder
and all amendments thereto apply to heating
equipment and not limiting the generality of
the foregoing and for purposes of illustration
only includes:
(a) Fuel Oil Code o. Reg. 298/72 as
amended by 0. Regs. 311/73 and 650/76,
(b) Gas Utilization Code R.R.O. 254 as
amended by o. Regs. 296/72 and 314/73,
(c) Propane Storage, Handling and Utilization
Code R.R.O. 255, as amended by 0. Regs.
295/72 and 313/73.
Article 7 of Subsection 1 of Section 6 of the said Part 2 is hereby repealed
and the following substituted therefor:
2.6.1.7. Where a flue pipe is removed, the flue pipe
collar shall be removed from the chimney
and the opening sealed with masonry.
Article 2 of Subsection 2 of Section 6 of the said Part 2 is hereby repealed.
Article 3 of Subsection 2 of Section 6 of the said Part 2 is hereby amended
by striking out the expression "Articles 2.6.2.1. and 2.6.2.2." and substituting
therefor the expression 11 Article 2.6.2.1.11
Article 2 of Subsection 2 of Section 8 of the said Part 2 is hereby repealed.
Subsection 2 of Section 10 of the said Part 2 is hereby repealed.
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Article 1 of Subsection 4 of Section 10 of the said Part 2 is hereby
amended by striking out the expressions "when required by the
authority having jurisdiction" and "approved" where they occur therein,
and adding, inunediately after the expression "inspection report", the
following expression "in a form that is satisfactory to the Chief Fire
Official."
Article 2 of Subsection 4 of Section 10 of the said Part 2 is repealed
and the following substituted therefor:
2.10.4.2. The completed fire prevention inspection
reports shall be maintained on an annual
basis and shall be produced for inspection
when so requested by the Chief Fire Official.
Section 11 of the said Part 2 is hereby repealed and the following
substituted therefor:
2 .11.
2.11.1.
2 .11.1.1.
2 .11.2.
2.11.2.1.
2.11.2.2.
Boarding and Lodging Houses, Apartments
and Residential Buildings
Definitions
(a) "Apartment house" means a building
containing four or more separate dwelling
units.
(b) "Dwelling unit 11 means a room or suite
of rooms operated as a housekeeping unit
used or intended to be used as a domicile
by one or more persons and usually
containing cooking, eating, living, sleeping
and sanitary facilities.
(c) "Lodging house" means a building in which
lodging for gain with or without meals is
provided for more than four unrelated persons
but does not include a hotel, motel or
hospital.
(d) "Residential occupancy" means the occupancy
or use of a building or part thereof by
persons for whom sleeping accommodation is
provided and who share a common exit facility
but who are not harboured or detained to
receive medical care or treatment or are not
involuntarily detained.
Apartment houses, lodging houses shall conform to the
requirements of the Building Code, except that deviations
from these requirements shall be permitted as described
in Article 2.1.1.2.
Fire Protection Measures
Unless otherwise required in Part 6, at least one portable
extinguisher having a 2A rating shall be installed on each
storey of a building described in Article 2.11.1.1.
Unless otherwise approved, the owner or occupant of every
building not more than three storeys in height and
containing more than 2 and less than 6 dwelling units and
provides sleeping accommodations for not more than 10
persons shall provide and maintain in each common hallway,
on the ceiling of each floor adjacent to the stairways, and
in the basement or cellar adjacent to the stairways, a
products of combustion detector or detectors listed by
Underwriter's Laboratories of Canada.
2.11.2.2.
2.11.2.3.
2.11.2.4.
2.11.2.5.
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(continued)
The products of combustion detectors shall be of the
single station alarm type, audible within bedrooms when
intervening doors are closed and equipped with:
(a) visual indication that they are in
operating condition;
(b) connected to the building electrical supply
without a disconnect wall switch;
(c) permanently mounted to a standard electrical
outlet or junction box on the ceiling in a
building which is 3 storeys in building height;
(d) served by a circuit not interconnected to
any wall outlet;
(e) may be electrically interconnected so that
an alarm in any one detector will sound a
similar alarm in all detectors throughout the
building.
Unless otherwise approved, the owner or occupant of
every residential building which is over 3 storeys in
height or which contains-more than 5 dwelling units
or provides sleeping accommodations for more than 10
persons shall provide and maintain an electrically
supervised fire alarm system capable of being heard
throughout the building and installed in compliance with
the Building Code.
The owner or occupant of every residential building
which is over 3 storeys in height or which contains
more than 5 dwelling units shall provide and maintain
an electrically supervised fire alarm system capable
of being heard through the building as per the Building
Code.
The owner or occupant of premises equipped with an
electrically supervised fire alarm system shall ensure
that such system conforms to the requirements set out
in the following subsection.
The owner or occupant of every building equipped with a
fire alarm system shall ensure that such fire alarm
system is maintained in good repair and satisfactory
operating condition and is ready for instant use at all
times, and inspected and tested, all in accordance with
The Building Code.
The said Part 2 is hereby amended by the addition thereto of the following:
2.13.
2.13.1.
2.13.2.
Covered Malls
This subsection outlines safety from fire and fire
prevention requirements for covered malls.
The owner of a covered mall or his authorized agent shall,
at all times, be responsible to ensure that the provisions
of this subsection are complied with, except that deviations
from these requirements shall be permitted as described in
Article 2.1.1.2.
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2.13.3.
2.13.4.
2.13.5.
2.13.6.
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(1) No decorative material whose application presents
an ignitable surface shall be used in a covered
mall. A match flame test applied in fire-safe
surroundings to a piece removed from the material
shall determine the degree of hazard present. The
piece of material to be tested shall be held in
a vertical position exposed to a flame from a
common match held in a horizontal position 1/2 inch
underneath the piece and in constant location for
a minimum of 15 seconds.
(2) Treatments used to accomplish flame-proofing for
the purpose of sentence (1) shall be renewed as
often as may be necessary to maintain the flame-
proof effect.
Sales, displays, decorative material or activities shall not:
(a) Impede the proper water distribution from the
sprinkler system;
(b) Restrict access to other fire protection equipment;
(c) Infringe on the required exit width from adjoining
stores or exits from the covered mall.
Except as permitted in Clause (a) of Article 2.13.6.
or Clause (g) of Article 2.13.8.(2), flammable or
combustible liquids or gases shall not be displayed or
used within a covered mall.
Unless prior written approval has been granted by the
authority having jurisdiction, the following shall not
be permitted within a covered mall:
(a) Open flames and the associated fuel supply;
(b) Assembly occupancies as defined in Subsection 1.2.2.
2.13.7. (1) Sidewalk Sales-A covered mall shall not be used for
the purpose of a sidewalk sale otherwise than in conformity
with this subsection.
2.13.7. (2) An annual permit may be issued by the authority having
jurisdiction for sidewalk sales, provided that the following
provisions of this By-law are complied with:
(a) The covered mall shall be sprinklered;
(b) All adjoining. occupancies with unprotected
openings facing the mall shall be sprinklered;
(c) A twenty four (24) foot space separation shall
be maintained between sidewalk sales areas:
(i) on opposite sides of the covered mall, and
(ii) between sidewalk sales areas and unprotected
openings on opposite sides of the covered mall,
and
(iii) the sales areas shall not extend beyond eight
(8) feet from the building face into the
covered mall.
2.13.7.(2)
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(continued)
(d) Unobstructed pedestrian travel spaces at least
twelve feet wide, parallel and adjacent to each
connected building and extending to each mall exit
shall be provided free of any display or activity,
the said travel spaces are to be located within the
twenty four (24) foot space separation required
under Clause (c).
(e) Displays of combustible material including,
without limiting the generality of the foregoing,
expanded foam, plastics, mattresses or building
materials which may create a fire load exceeding
sprinkler design classification as established in
NFPA Standard No. 13, 1973, "Installation of
Sprinkler Systems," including all revisions to
May 1, 1975, shall not be located within the
covered mall.
(f) Vertical distance between sprinkler heads and
merchandise shall not be less than thirty-six (36)
inches;
(g) A floor plan showing the location of sales, displays
or activities shall accompany each permit application.
2.13.8.(1) Special Events-A covered mall shall not be used for the
purpose of special events otherwise than in conformity
with this subsection.
2.13.8.(2) An annual permit may be issued by the authority having
jurisdiction for special events within a covered mall
provided that the following provisions of this By-law have
been complied with:
(a) The covered mall shall be sprinklered;
(b) All adjoining occupancies with unprotected openings
facing the mall shall be srinklered;
(c) Unobstructed pedestrian travel spaces at least twelve
(12) feet wide, parallel and adjacent to each connected
building and extending to each mall exit shall be
provided;
(d) Construction of booths, stages and structures required
for display purposes shall be constructed in compliance
with the building By-laws of The Corporation of the Town
of Aurora.
(e) Tents, tarpaulins, decorative material and fabric
used in connection with any display or exhibit shall
conform to the appropriate requirements for resistance
to fire contained in N.F.P.A. 701-1969 "Standard
Methods of Fire Tests of Flame Resistant Textiles and
Films" or U.L.C. Sl09, 1969 "Standards for Flame
Tests of Flame Resistant Fabrics and Films" including
all revisions to May 1, 1975 for both Standards.
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2.13.8.(2) continued
(f) Temporary electrical services shall comply
with all Ontario Hydro regulations.
(g) Motor vehicles shall contain not more than
one quarter tank of gasoline and the tank cap
shall be locked or secured against tampering.
The batteries in such motor vehicles shall be
disconnected in a manner approved by the
authority having jurisdiction;
(h) Before entering the covered mall for display
purposes, cylinders containing liquified
petroleum gas shall be removed from all boats,
trailers or other equipment;
(i) A floor plan showing the location of displays
or activities for each scheduled event shall
accompany the permit application or shall be
forwarded to the Chief Fire Official not less
than ten (10) days prior to the event.
The National Fire Code of Canada 1977 is hereby amended by the
addition thereto of the following:
Sectd.on 2 .14 Permission to Burn
Persons wishing to burn any material should
obtain a copy of By-law 2316-79 which controls
and regulates any fire in the Town of Aurora.
PART 3-PROPERTY PROTECTION FOR INDUSTRIAL AND COMMERCIAL OCCUPANCIES
Part 3 entitled "Property Protection for Industrial and Commercial
Occupancies" of the N.F .C .C. -1977 is hereby adopted subject to
the following amendments:
1.
2.
The said Part 3 is hereby amended by striking out the expression
"National Building Code of Canada 1977" wherever it occurs therein,
and substituting therefor, in each case, the expression
11 Building Code"
Subsection 1 of Section 1 of the said Part 3 is hereby amended by
adding, immediately after Article 1, the following article:
3 .1.1. 2. Deviations from the requirements shall be permitted,
provided that the Chief Fire Official is satisfied ~hat
the existing situation provides either an acceptable
degree of life safety, or alternative measures are
taken to provide such safety.
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PART 3 (continued)
3. Article 1 of Subsection 2 of Section 2 of the said Part 3
is hereby repealed.
4. Article 16 of Subsection 2 of Section 2 of the said Part 3
is hereby repealed.
5. Articles 18, 19 and 20 of Subsection 2 of Section 2 of the
said Part 3 is hereby repealed.
6. Sentence 1 of Article 10 of Subsection 2 of Section 3 of the
said Part 3 is hereby amended by adding thereto the expression
'.~unless" otherwise pennitted by the authority having juris-
diction" after the expression "at least 8 ft~ wide.11
7. Article 5 of Subsection 2 of Section 4 of the said Part 3
is hereby repealed and the following substituted therefor:
3.4.2.5. Propane cylinders shall be stored in
conformance with The Energy Act, 1971
R.S.O. Chapter 44, and Regulations passed
thereunder, as amended, and for purposes
of illustration only includes Propane
Storage Handling and Utilization Code,
R.R.O. 255 as amended by o. Regs. 295/72
and 313/73.
B. Section 5 of the said Part 3 is hereby amended by adding thereto,
immediately after Subsection 2, the following subsection:
3.5.3. The provisions of Article 1 of Subsection 2
hereof do not apply to piles of wrecked
vehicles provided that:
(a)
(b)
(c)
(d)
the batteries, fuel tanks and tires'
have been removed,
the vehicles have been compressed, and
the piles do not exceed twenty (20)
feet in height.
each salvage yard shall be surrounded by
a substantial fence not less than 8 ft.
and not more than 10 ft. high. Each gate in
the fence shall be of substantial construc-
tion similar to that of the fence
and be located in a position approved
by the authority having jurisdiction so
that it will not open upon public property.
PART 4 -FLAMMABLE AND COMBUSTIBLE LIQUIDS
Part 4 entitled "Flammable and Combustible Liquids" of the N.F.C.C.-
1977 is hereby adopted subject to the following amendments:
1. The said Part 4 is hereby amended by striking out the
expression "National Building Code of Canada 1977"
wherever it occurs therein, and substituting therefor,
in each case, the expression "Building Code."
2. Article 1 of Subsection 1 of Section 1 of the said Part
4 is amended by striking out the expression "service
station" where it occurs therein.
3. Clauses (b) and (c) of Sentence (1) of Article 1 of
Subsection 2 of Section 1 of the said Part 4 are
hereby repealed and the following substituted therefor:
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PART 4 (continued)
(b) The Energy Act, 1971 s.o., Chapter 44, and all
Regulations passed thereunder and all amendments
thereto and not limiting the generality of the
foregoing and for the purposes of illustration
only includes:
(i) Fuel Oil Code, 0. Reg. 298/72 as amended
by o. Regs. 311/73 and 650/76:
(ii) Gas Utilization Code, R.R.O. 254 as amended
by 0. Regs. 296/72 and 314/73:
(iii) Propane Storage, Handling and Utilization
Code, R.R.O. 255 as amended by o. Regs.
295/72 and 313/73.
(c) The Gasoline Handling Act, R.S.O. 1970, Chapter
189, as amended and the regulations passed thereunder
being the Gasoline Handling Code R.R.O. 380 as amended
by 0. Regs. 585/72, 734/73, 155/74 and 941/74.
4. Article 1 of Subsection 4 of Section 1 of the said Part 4
is hereby repealed and the following substituted therefor:
5.
4.1.4.1. Electrical equipment in a location
where flammable or combustible liquids
are present, shall conform to The Power
C6rportions Act, R.S.O. 1970, Chapter 354
and the regulations passed thereunder being
The Electrical Safety Code, 0. Regs. 168/73
and 898/74, as amended or any regulation
passed in substitution therefor.
Article 2 of Subsection 2 of Section 2 of the said Part 4
is hereby amended by striking out the expression "an approved
location" where it occurs therein, and substituting therefor
the expression "a safe location and notify the Chief Fire
Officiala 11
6. Sentence 1 of Article 1 of Subsection 8 of Section 2 of
the said Part 4 is hereby amended by striking out the
expression "authority having jurisdiction" where it occurs
therein and substituting therefor the expression "Chief
Fire Official."
7. Sentence (3) of Article 2 of Subsection 9 of Section 4 of
the said Part 4 is hereby amended by striking out the
expression "ACNBC Canadian Heating, Ventilating and Air
Conditioning Code 19 7 5, " where it occurs therein and sub-
stituting therefor the expression "Building Code.11
8. Section 5 of the said Part 4 is hereby repealed.
9. Article 3 of Subsection 5 of Section 6 of the said Part 4 is hereby
repealed and the following substituted therefore:
4.6.5.3. Flamable liquids shall be 'dispensed or .. ,transferred
inside buildings only by the use of:
(a) an electrical pump conforming to the requirements
of Article 1 of Subsection 4 of Section 1 of the
said Part 4, or
(b) a hand pump
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PART 4 (continued)
10. Section 7 of the said Part 4 is hereby repealed.
11. Section 9 of the said Part 4 is hereby repealed.
PART 5 HAZARDOUS MATERIALS, PROCESSES AND OPERATIONS
Part 5 entitled "hazardous Materials, Processes and Operations," of
the N.F.C.C. -1977, is hereby aopted subject to the following amendments:
1. (i) The said Part 5 is hereby amended by striking out the expression
"National Building Code of Canada 1977" wherever it occurs therein
and substituting therefor in each case, the expression "Building Code."
(ii) "Deviations from these requirements shall be permitted, provided
that the Chief Fire Official is satisfied, that the existing
situation provides either an acceptable degree of life safety,
or alternative measures are taken to provide such safety."
2. Article 1 of Subsection 3 of Section 1 of the said Part 5 is hereby
repealed and the following substituted therefore:
3.
5.1.3.1. Electrical Installations shall conform to The Power
Corporations Act, R.S.O. 1970, Chapter 354, and the
regulations thereunder being The Electrical Safety Code,
0. Regs. 168/73 and 898/74, as amended, or an
regulation passed in substitution therefore.
Article 2 of Subsection 3 of Section 1 of the said Part 5 is hereby
amended by striking out the expression "CSA C22. 1-1975
"Canadian Electrical Code, Part 1 11 Section 18" where it occurs
therein and substituting therefor the expression "The said Power
Corporations Act and the said regulations passed thereunder."
4. Section 5.12.8. is amended to add the following:
5.12.8.4 •• Each spray booth having an area in excess of 9 square feet
shall be protected with automatic sprinklers with control
provided by readily accessible indicating valve for each
booth or group of booths.
5. Article 6 of Subsection 5 of Section 13 of the said Part 5 is hereby
repealed and the following substituted therefor:
5.13.5.6. Where flammable and combustible liquids contained
in dip tanks are heated, the electrical installation
shall conform to the requirements of the said Power
Corporations Act, and the said regulations passed thereunder.
6. Section 16 of the said Part 5 is hereby repealed and the following
substituted therefor:
6.16. The Pesticide Act, 1973,S.o., Chapter 25 and the
regulations passed thereunder, as amended, or any
regulation passed in substitution therefore, applies
to fumigator, and thermal insecticidal fogging.
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PART 6 -INSTALLATION, INSPECTION, TESTING, MAINTENANCE AND
OPERATION OF FIRE PROTECTION EQUIPMENT
Part 6 entitled 11 Installation, Inspection, Testing, Maintenance and
Operation of Fire Protection Equipment" of the N.F.C.C. -1977 is
hereby adopted, subject to the following amendments:
1. The said Part 6 is hereby amended by striking out the
expression "National Building Code of Canada 1977"
wherever it occurs therein and substituting therefor in
each case, the expression "Building Code.11
2. Article 4 of Subsection 1 of Section 1 of the said Part 6
is hereby amended by striking out the expression "the fire
department" where it occurs therein.
3. Article 10 of Subsection 6 of Section 2 of the said Part 6
is hereby repealed.
4. Article 1 of Subsection 2 of Section 5 of the said Part 6
is hereby amended by striking out the expression "the
fire department and any other authority having jurisdiction"
and substituting therefor the expression "the Chief Fire
Official.11
5. Article 2 of Subsection 2 of Section 5 of the said Part 6
is hereby amended by strking out the expression "and the
fire department."
6. Article 1 of Subsection 1 of Section 7 of the said Part 6
is hereby amended by striking out the expression "Canadian
Electrical Code, Part 1" where it occurs therein and substituting
therefor the expression "the said Power Corporations Act and
regulations passed thereunder, as amended.11
PART 7 -INSPECTION, TESTING AND MAINTENANCE OF FIRE EMERGENCY SYSTEMS
IN HIGH BUILDINGS
Part 7 entitled "Inspection Testing and Maintenance of Fire Emergency
Systems in High Buildings" of the N.F.C.C.-1977 is hereby adopted,
subject to the following amendments:
1. The said Part 7 is hereby amended by striking out the expression
"National Building Code of Canada 1977" wherever it occurs therein,
and substituting therefore, in each case, the expression "Building
Code."
2. Article 1 of Subsection 1 of Section 3 of the said Part 7 is hereby
repealed and the following substituted therefor:
7.3.1.1. Approved test procedures shall be carried
out in addition to those required by Sections
7.1. and 7.2., appropriate to the fire safety
measures selected by the designer in meeting
the requirements contained in Article 3.2.6.2.
of the Building Code where the building was
subject to such regulations when constructed.
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7.3.1.2.
7.3.1.3.
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Where the designer has adopted one (1) or more of the
fourteen (14) methods to limit smoke movement as contained
in the Associate Committee on the National Building Code
publication "Measures for Fire Safety in High Buildings"
and described as Measures A to N, the test procedures
desicribed in Subsections 7.3.2. to 7.3.15., as appropriate
to the fire safety measure being used, are deemed to be
approved.
Where the designer has developed his own smoke control
method, a test procedure shall be prepared by the designer,
similar to those described in Subsections 7.3.2. to
7.3.15., and appropriate to the method being used, and the
proposed test procedure shall be acceptable to the Chief
Fire Official.
PART 8 -ADMINISTRATION
The National Fire Code of Canada 1977 is hereby amended and adopted by
adding thereto the following Part 8 entitled "Administration."
Section 8.1. Enforcement
8.1.1. Inspection
8.1.1.1. The Chief Fire Official, Fire Prevention Officer or
Inspector may, at all reasonable times and upon producing
proper identification, have free access and right of entry
to any building or any part of a building whether completed
or under construction or demolition, or to any property.
8.1.1.2.
(a) in or upon which it is known or suspected that
explosive or flammable substances or materials are
manufactured, transported, handled, stored, used,
sold or otherwise disposed of, or
(b) which the Chief Fire Official, Fire Prevention Officer
or Inspector believes may not -
(i) be designed or constructed so as to
prevent fire or the spread of fire,
(ii) have or provide for fire escapes or other
exit facilities adequate for escape in
the event of fire or the alarm of fire, or
(c) which the Chief Fire Official, Fire Prevention Officer
or Inspector believes may be designed or constructed
so as to contain hazards to life or safety, or
(d) in which the Chief Fire Official, Fire Prevention
Officer or Inspector believes hazards to life or
safety to be present, or
(e) that does not conform to the requirements of this By-law.
The owner, occupier or lessee of a building, or property or
any other person having knowledge of the building or property
shall, upon request, give to the Chief Fire Official, Fire
Prevention Officer or InspectOr who is carrying out an
inspection of the building or property under this code, such
assistance as he may require in carrying out the inspection.
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PART 8 (continued)
8.1.2.
8.1.2.1.
8.1.2.2.
8.1.2.3.
8.1.2.4 ..
Orders
When the Chief Fire Official, Fire Prevention Officer or
Inspector has reasonable grounds to believe that;
(a) any property does not conform to the requirements
of this By-law, or
(b) any person has failed to comply with a duty imposed
under this By-law, he shall issue an order, in
writing to the owner, lessee, or occupant of the
property inspected, or to the person who has failed
to comply with a duty imposed under this By-law, as
the circumstances may indicate, stating the
violations, and requiring the violations to be
corrected within a period of time not to exceed sixty
(60) days;
(1) The order referred to in Article 1 of Subsection 2
of Section 1 of the said Part 8 shall be served;
(a) by personal service, or
(b) by prepaid registered mail, or
(c) by posting a copy of it in a conspicuous place
on the building or property if the person to
whom it is directed cannot be found, is not known,
or refuses to accept service of the order.
(2) An order made under Article 1 of Subsection 2 of Section
1 of the said Part 8 hereof, when served by prepaid
registered mail, shall be sent to the last known
address of the person.
(3) Where a notice or order is served by prepaid registered
mail, the date of service is the date of the next
workday, following the date of mailing.
The owner or his authorized agent, or an occupier or a
lessee or any person upon being served with an order
issued pursuant to Article l of Subsection 2 of Section l
of the said Part 8 hereof, shall do or direct to be done all
such things as are necessary to correct violations and comply
with the order.
(l) Where an order of the Chief Fire Official, Fire Prevention
Officer or Inspector is directed to an owner to repair
and the property affected is used or occup:hed by a person
or persons holding such property under the provisions of
a lease;. oral or written, the occupant of the l'aid property
shall afford entry to the owner or his agent at all
reasonable times so that the owner or his agent may carry
out the required repairs.
(2) The occupant of any property to the extent that he is
made responsible by the lease or agreement under which
he occupies the property, shall be required to repair
the property in accordance with the order.
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PART 8 (continued)
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8.1.2.5.
8.1.2.6.
8.1.2. 7.
8.1.2.8.
8.1.2.9.
(1) The Chief Fire Official, Fire Prevention Officer or
Inspector may also make an order extending the time
for compliance with any order issued pursuant to Article 1
Of Subsection 2 of Section 1 of the said Part 8 given by
him, provided there is evidence of intent to comply with
any such order and that reasonable conditions exist which
prevent immediate compliance.
(2) The order referred to in Sentence (1) hereof shall be
served or caused to be served;
(i} by personal service, or
(ii) by prepaid registered mail, and the provisions
of Sentences (2) and (3) of Article 2 of
Subsection 2 of Section 1 of the said Part 8 apply.
Every owner shall ensure that his property is maintained
in accordance with the provisions of this By-law.
Every person to whom an order is issued or who is required
to do or abstain from doing anything by or pursuant to this
By-law shall obey such order or do or abstain from doing such
thing as required.
Every person in control of a property shall ensure that the
Chief Fire Official or his authorized subordinates or assistants,
would not be interfered with unnecessarily or unreasonably
in the exercise of the duties on or about such property in
case of fire.
The owner of any property or the person in control of the
property shall ensure that the appliances for protection against
fire on or in such property, and the exits therefrom, and the
ways leading thereto, are in a safe condition and are of
sufficient size and number and are sufficient for the purpose
for which the same are designed and intended and that none
are lacking.
8.1.2.10. The owner of any property or the person in control of the
property shall ensure that any heating appliance or equipment
or any pipe or chimney is in a safe condition and unlikely to
cause a fire.
8.1.2.11. No person shall make any bonfire or other large fire in any
field, yard, street or open space in the Town of Aurora, except
as permitted under Part 2, Sub. Section 14 of this By-law.
8.1.2.12. No person shall tamper with any applicance for protection
against fire.
8.1.2.13. No person shall remove from its position any appliance for
protection against fire unless it is shown by such person that
the purpose of such removal was the immediate use of such appliance
for the purpose for which it was installed or for the service or
repair of such appliance.
8.1.3. General
8.1.3.1. Where the fire prevention By-law requires the compliance with
the provisions of the Building Code, the Chief Building Official
shall be responsible for the enforcement of Building Code matters
except that deviations to the provisions of the Building Code
may be permitted by the Chief Fire Official, in accordance with
Sentence 2.1.1.2. of this By-law.
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PART 8 (continued)
8.1.3.2.
8.1.3.3.
8.1.3.4.
8.1.4.
8.1.5.
8.1.5.1.
8.1.5.2.
The Chief Fire Official shall not make provision for a
deviation from the Building Code requirement without first
consulting the Chief Building Official.
Where the fire prevention By-law requires the compliance with
the provisions of the Building Code, in respect to existing
buildings, the Chief Building Official shall limit the
application of the Building Code to the areas specified in
the fire prevention By-law.
The Building Code shall be considered a technical standard
where referenced in this By-law.
Default of Order
Upon default of the owner or occupant complying with an order
made pursuant to Subsection 2 of Section 1 of Part 8 of
this By-law, after due notice and service in accordance with
the said Subsection, such matter or thing may be done by The
Corporation of the Town of Aurora at the expense of owner or
occupant, and the Corporation may recover the expense incurred
in doing it by action, or the same may be recovered in like
manner as municipal taxes, or the cousel may provide that
the expense incurred by it, with interest shall be payable
by such person in annual instalments not exceeding ten (10)
years and may, without obtaining the consent of the electors,
borrow money to cover such expense by the issue of debentures
of the Corporation payable in not more than ten (10) years.
Penalties
Every person who contravenes or fails to comply with this
Code or who fails to carry out an order made under this
Code or any conditions attached to a permit or to which a
permit is subject is guilty of an offence and where no other
penalty is provided under this Code is liable on summary
conviction to a fine of not less than One Hundred Dollars and
not more than One Thousand Dollars or to imprisonment for a
term not exceeding six months or to both such fine and
imprisonment and in default of payment of the fine to
imprisonment for an additional term not exceeding six months.
Where a person fails or refuses to carry out an order made
under this Code or acts contrary to such an order or fails
or refuses to comply with any condition attached to a permit
or to which a permit is subject, the Chief Fire Official
may apply to the Court of Jurisdiction and on hearing the
application, the Court or Presiding Justice thereof may grant
an injunction to restrain that person from proceeding with
the work in respect of which the order was made or the permit
issued and the Court or Presiding Justice may make such
further order as the Court or Presiding Justice deems fit.
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Where there is in existence any Federal or Provincial statute
regulating matters which are regulated by this By-law, the terms
of which statute conflict with the terms of this By-law, the
provisions of the said statute shall override the terms of this
By-law and shall govern and apply to properties in the Municipal
Corporation of the Town of Aurora.
If any section or sections of this By-law are for any reason held
to be invalid, those sections shall be deemed to be severable and
the remaining sections shall remain in effect until repealed.
READ A FIRST AND SECOND TIME THIS L/_.&.,___ DAY OF £€8 g v8Rj, 1980.
READ A THIRD TIME AND FINALLY PASSED THIS ,;{ / DAYOF J9PI{f/.. , 1980 .
.. J,9. 4,
CONCESSION IW
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CONCESSION
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II CONCESSION
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Official
Am~ridment
Plan
No.13
1
LEGEND
BOUNDARY OF THE TOWN OF AURORA
PlANNING AREA '
PLANNirlG DISTRICT
PLANNl!-IG DISTRICT P<UMBER
0 ruTI;FIC POPULATION
I PLMHOING DISTRICT AREo!. lHt:tcreli
*>!<l GROSS FIESIDENTIAL AREA U~~lc1oa)
:5 POPULATiON OHISIT'r l GROSS l,
<I SCHOOL AREAS lH•~tarn)
S DISTRICT PAll!( AREAS IHt:lcru)
>!< NEIGKSOUFIHOOO PARK NHOS ARE: '-'ET
BY AOJ.aCENT CO'-!"'U~IIT\' P'.RKS
*':<GROSS RESIDENTIAL AREA ""EAN~ AN
AREA 0' F<EStClENTIAL LANO WliiCI<
INCLUDES !WAC ALLC'II';l;f~CES AND
LAIW fOR OTHER us'ES ACC(SSOFIY TO
THE BASIC RESIDENT•AL USES SUCH AS
CHURCHES, SCHOOLS ETC ,BUT NOl LAN!)
fOil OTH€R 1/AJOR LAND USES SUCH
AS INDUSTRY ,COrM~ERCIAL OR MAJOR
RECREATION.IIL USES
***REFER TO SECTION 11, PART J Of TE~T.
.!fQI4 ' -
S'Eft 'SCHEDULE 'A' FOR AREAS REFERRED TO
THt ONTARIO MUNICIPAt.. BOARD.
NOt:£
THfS MAP MUST BE READ IN CONJUNCTION
vfctH .THE TEXT OF THE OFFICIAL PLII.N.
SCHEDULE C
RESIDENTIAL DEVELOPMENT PLAN
INTERIM O.FFICIAL PLAN OF THE
AURORA PLANNING AREA
THE RF.:G.IONAL MUNICIPALITY OF YORK
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