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Home My WebLink AboutFIR 02-22Report to Council Report Number: FIR 02-22 Date: June 27, 2022 From: Steve Boyd Fire Chief Subject: Repeal of By-Law 7049/10 being a By-law to Require the Installation of Carbon Monoxide Detectors in Residential Occupancies -File: A-1440-001-22 Recommendation: 1.That Report FIR 02-22 of the Fire Chief, regarding the repeal of By-law 7049/10, be received; 2.That By-Law 7049/10, being a By-law to require the installation of carbon monoxide detectors in residential occupancies, be repealed; 3.That the attached draft By-law to repeal By-law 7049/10 be approved; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Provincial legislation passed in 2013 resulted in changes to the Fire Protection and Prevention Act with respect to requirements for carbon monoxide detectors in residential dwellings. These changes fill the requirements that were included in City of Pickering By-Law 7049/10 (Attachment #1) rendering it no longer necessary. Financial Implications: There are no direct financial implications arising from this report. Discussion: Prior to 2013, the installation and maintenance of carbon monoxide detectors was governed through municipal by-laws in the province of Ontario. The City of Pickering By-Law 7049/10 served this requirement. In 2013 the Hawkins Gignac Act (Carbon Monoxide Safety), 2013, S.O. 2013, c. 14 - Bill 77 was enacted and part IV of the Fire Protection and Prevention Act was amended to include the installation and maintenance of carbon monoxide detectors in residential dwellings. This provincial regulation supersedes City of Pickering By-law 7049/10 and as such renders it obsolete. Therefore, staff are requesting that By-law 7049/10 be repealed and that the attached draft By-law to Repeal By-law 7049/10 be approved (Attachment #2). FIR 02-22 June 27, 2022 Subject: Repeal of City of Pickering By-Law 7049/10 Page 2 Attachments: 1.By-Law 7049/10 Installation and Maintenance of Carbon Monoxide Detectors 2.Draft By-law to Repeal By-law No. 7049/10 Prepared By: Approved/Endorsed By: Nigel Robinson Steve Boyd Deputy Fire Chief Fire Chief NR:jm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer The Corporation of the City of Pickering By-Law No. 7049/10 A by-law to require the installation of carbon monoxide detectors in residential occupancies. WHEREAS paragraph 6 of subsection 11(2) of the Municipal Act, 2001 authorizes lower-tier municipalities to pass by-laws respecting the health, safety and well-being of persons; and WHEREAS the City considers it necessary to require carbon monoxide detectors to be installed in residential buildings in order to reduce the health risks to occupants. N01fV THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING. HEREBY ENACTS AS FOLLOWS: PART 1- INTERPRETATION Definitions 1.In this by-law, carbon monoxide detector" means a carbon monoxide detector that is installed in the manner required by the Ontario Building Code and conforms to the. standards set out in the Ontario Building Code; City means The Corporation of The City of Pickering or the geographic area of the City of Pickering, as the context requires; dwelling unit means a suite 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; Fire Chief' means the Chief of the City's Fire Services Division or a designate; fuel-burning appliance" means a furnace; refrigerator, clothes dryer, water heater, boiler, fireplace, wood stove, charcoal grill, gas range, space heater and any other appliance. that is fired by a flammable fuel such as natural gas, propane, heating oil, kerosene, coal, gasoline, wood or charcoal; occupant means any lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property; officer" means' a member of the Fire Prevention Section of the City's Fire Services Division and includes the Fire Chief; Attachment #1 to Report FIR 02-22 Carbon Monoxide Detectors By-Law No. 7049/10 Page 2 Ontario Building Code" means Ontario Regulation 350/06 issued under the Building Code Act, 1992; owner" means the person identified in the most recent tax roll as the owner of any property; person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; residential occupancy" means the occupancy or use of a building or part thereof by persons for whom sleeping accommodation is provided including persons who are harboured or detained to receive medical care or treatment or are involuntarily detained; storage garage" means a building or part of a building that is intended for the storage or parking of motor vehicles and that contains no provision for the repair or servicing of motor vehicles; and suite" means a single room or series of rooms of complementary use, operated under a single tenancy, and includes dwelling units, individual guest rooms in motels, hotels, boarding houses, rooming houses and dormitories, as well as individual stores and individual or complementary rooms for business and personal services occupancies. References to Legislation 2.In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3.This by-law shall be read with all changes in gender or number as the context may require. 4.A grammatical variation of a word or expression defined has a corresponding meaning. Construction 5.Headings in this by-law are for convenience of reference only and shall not affect the construction or interpretation of this by-law. 6.Unless otherwise specified, references in this by-law to sections and schedules are to sections and schedules in this by-law. Carbon Monoxide Detectors By-Law No. 7049/10 Page 3 i Conflicts 7.If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. PART II - REGULATIONS Application 8.This Part applies to every building that, a) contains a residential occupancy; and b) contains a fuel-burning appliance or a storage garage. Location of Carbon Monoxide Detectors 9.Where a fuel-burning appliance is installed- in a suite of residential occupancy, the owner of the suite shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in the suite. 10. Where a fuel-burning appliance is installed in a service room that is adjacent to a suite of residential occupancy, the owner of the suite shall install or cause to be installed a carbon monoxide detector, a) adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the service room; and b) in the service room. 11. Where a storage garage is located in a building . containing a residential occupancy, the owner of the building shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the storage garage. 12. Where a storage garage serves only the dwelling unit to which it is attached or built in, the owner of the dwelling unit shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in the dwelling unit. Maintenance 13. Every occupant shall maintain all carbon monoxide detectors located in their suite of residential occupancy in proper operating condition at all times. 14. No person shall disable a carbon monoxide detector so as to make it inoperable. Carbon Monoxide Detectors By-Law No. 7049/10 Page 4 PART III ENFORCEMENT inspections 15. An officer. may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with. 16. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken. by an officer. Offences and Penalties 17. Every person who'contravenes any provision of this by-law is.guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act: PART IV - GENERAL Short Title 18. This by-law may be referred to as the "Carbon Monoxide Detectors By-law". Repeal 19.- By-law No. 5247/98 is repealed in its entirety. Effective Date 20. This ,by-law shall come into force on the day of its passing. BY-LAW read a first, second and third time and-finally passed this 17th day of May, 2010. cr' David Ryan, ayo Debbie Shields, City Clerk Attachment #2 to Report FIR 02-22 The Corporation of the City of Pickering By-law No 7947/22 Being a by-law to repeal By-Law 7049/10, being a by-law to require the installation of carbon monoxide detectors in residential occupancies. Whereas pursuant to the Fire Protection and Prevention Act, 1997 and Ontario Fire Code Section 2.16, the requirements governing the installation and maintenance of Carbon Monoxide Detectors are now mandated as of October 15, 2015, in Provincial legislation and are enforced by members of Pickering Fire Services who are designated Assistants to the Fire Marshal; Whereas by By-Law 7049/10 “Being a by-law to require the installation of Carbon Monoxide Detectors in residential occupancies” is no longer necessary; Whereas the council of The Corporation of the City of Pickering cannot enforce or enact a By-Law that supersedes the requirements of the Fire Protection and Prevention Act, 1997 and the Ontario Fire Code; And whereas the information contained in By-Law 7049/10 is inapplicable and void; Now therefore the council of the corporation of the City of Pickering hereby enacts as follows: 1.That By-Law 7049/10 be repealed in its entirety. 2.That this By-law shall come into effect upon the date of the final passing thereof. By-law passed this 27th day of June, 2022. ____________________________ David Ryan, Mayor ____________________________ Susan Cassel, City Clerk