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Home My WebLink AboutOES 12-10 CiN 00 Report to Executive Committee PIC KE Report Number: OES 12-10 Date: May 10, 2010 0 From: Everett Buntsma Director, Operations & Emergency Services Subject: New Carbon Monoxide Detector By-Law - File: A-1440-001-10 Recommendation: 1. That Report OES 12-10 of the Director, Operations & Emergency Services regarding "Carbon Monoxide Detector By-Law" being a by-law to require the installation of carbon monoxide detectors in residential occupancies be received; and, 2. That the attached draft "Carbon Monoxide Detector By-law", requiring the installation of carbon monoxide detectors in residential occupancies be enacted. Executive Summary: As detailed in this report, in the interest of the health, safety and well-being of the public, Pickering Fire Services recommends that the new draft "Carbon Monoxide Detector By-Law" be adopted. Financial Implications: Carbon monoxide detectors, akin to smoke detectors, cost $20.00 to $40.00; combination smoke alarms/carbon monoxide alarms are available at a cost of $40.00 to $80.00. Cost to the municipality is primarily for administrative services, time spent for field inspections and if necessary, enforcement in court. I i Sustainability Implications: There is no effect on the environment. The purpose of the new draft "Carbon Monoxide Detector By-Law" is to prevent carbon monoxide poisoning, including fatalities from carbon monoxide poisoning. i I I Report OES 12-10 May10, 2010 Subject: New Carbon Monoxide Detector By-Law Page 2 Background: On July 25, 1998, the Ontario Fire Code, created under the Fire Protection and Prevention Act, 1997, required smoke alarms to be installed adjacent to sleeping areas in existing residential dwelling units. A subsequent amendment to the Ontario Fire Code on March 1, 2006, required smoke alarm installations on every floor level in existing residential dwelling units. In accordance with Section 79 of the Fire Protection and Prevention Act, 1997, this , amendment to the Ontario Fire Code regarding smoke alarm installations in residential dwelling units supersedes By-Law No. 5247/98; being a by-law to require the installation of Smoke Alarms and Carbon Monoxide Detectors in residential occupancies. However, there is no regulatory authority under the Ontario Fire Code, Ontario Regulation 213/07 mandating the use of carbon monoxide detectors in existing residential dwelling units; they are not classified as fire safety devices. The Fire Protection and Prevention Act, 1997 does not contain authority to regulate public safety matters that. go beyond the scope of fire safety. This regulatory authority is provided in Subsection 11(2) of the Municipal Act, 2001, indicating that a municipality may pass by-laws for the health, safety and well-being of persons. The draft Carbon Monoxide Detector- By-Law is a more comprehensive document than By- Law No. 5247/98. Overview of Draft Carbon Monoxide Detector By-Law: • Carbon monoxide detectors are not required in residential occupancies that do not contain a fuel-burning appliance or a storage garage. • Covers a large spectrum in its scope of buildings; includes, but is not limited to group homes with developmentally challenged residents, hospitals and nursing homes. It should be noted that the 2006 Ontario Building Code does not require carbon monoxide detectors to be installed in these types of occupancies. • Sleeping areas located on different floor levels in suites of residential occupancy (Individual dwelling units), requires that a carbon monoxide detector be installed adjacent to each sleeping area. • Multiple residential buildings require carbon monoxide detectors installed in suites of residential occupancy adjacent to service rooms containing a fuel-burning appliance or a storage garage, including service rooms containing a fuel-burning appliance. Carbon Monoxide (CO) is a colourless, odourless, tasteless and toxic gas and is often referred to as the "silent killer". CORP0227-07/01 revised Report OES 12-10 May10, 2010 Subject: New Carbon Monoxide Detector, By-Law Page 3, 12 Carbon monoxide bonds with the hemoglobin in blood. It displaces and replaces the oxygen molecules that cells need to function. As the level of carbon monoxide in blood accumulates, vital organs, such as the heart and brain become deprived of oxygen. To compensate the heart rate increases, breathing may become difficult and cardiac trauma, brain damage, coma and even death may result. Carbon Monoxide is a by-product of incomplete combustion of fuels such as natural gas, propane, heating oil, kerosene, coal, charcoal, gasoline or wood. This incomplete combustion can occur in any device that depends on burning for energy or heat, such as furnaces, room heaters, fireplaces, hot water heaters, stoves or grills and any gas powered vehicle or engine. Automobiles left running in attached garages, gas barbeques operated inside the house, grills or kerosene heaters that are not properly vented, or chimney or vents that are dirty or plugged may create unsafe levels of carbon monoxide. In 2009, Pickering Fire Services responded to approximately 238 incidents regarding carbon monoxide detector activation. According to the Canada Safety Council, carbon monoxide (CO) is the leading cause of fatal poisonings in North America. Every year in Canada there are approximately 1,000 reported poisonings and 250 deaths due to carbon monoxide poisoning. Since 1997, the Ontario Building Code requires carbon monoxide detectors be installed in new residential occupancies. On April 2, 2009, Conservative MPP Ernie Hardeman (Oxford) pushed through the second reading of Private - Member Bill 143, which would require carbon monoxide detectors in all residential buildings. He sponsored the Bill in memory of the Hawkins family = OPP Constable Laurie (nee Gignac), husband Richard and their children Cassandra and Jordon - who died December 1, 2008 in their Chippewa Avenue home in Woodstock, Ontario from carbon monoxide poisoning from a blocked basement natural gas fireplace vent-pipe. Constable Laurie (nee Gignac) was found alive, however succumbed to carbon monoxide poisoning eight days later. The bill is named The Hawkins Gignac Act in their honour. Unfortunately, Private - Member Bill 143 died on the order paper and did not advance to a third reading. In the interest for health, safety and well-being of the public and in the interim, until government legislation is enacted requiring the installation of carbon monoxide detectors in existing residential occupancies, Pickering Fire Services recommends that the new draft "Carbon Monoxide Detector By-Law" be adopted by Council. CORP0227-07/01 revised i I Report OES 12-10 May10, 2010 Subject: New Carbon Monoxide Detector By-Law Page 4 - Attachments: 1. Draft "Carbon Monoxide Detector By-Law" Prepared By: Approved/Endorsed By: ,c L~a~-- Brian Hol es William T. Douglas Fire Ins ctor, F Ke ervices Division Fire Chief CJ Gord Fe us n QPr( Everett Buntsma Deputy Chi f, Training & Fire Prevention I Director, Operations & Emergency Services BT: n rm Copy: Chief Administrative Officer Recommended for the consideration of Pickering City it , 23 v Th J. Quin DM, M III Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT #_I-TO REPORT #~12 `1a -6 4f . . THE CORPORATION OF THE CITY OF PICKERING 14 BY-LAW NO. /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. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: PART I - 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; t-.Q-T•# - Carbon Monoxide Detectors By-Law No. XXXVIG.HME,N'a C -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. -5~"O REPORT#- 12- -16 Carbon (Monoxide Detectors By-Law No. XXXX/10 Page 3 16 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. i REPORT #-P-D-2 -f Carbon Monoxide Detectors By-Law No. XXXX/10 c f 11 . Page 4 17 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 day of , 2010. David Ryan, Mayor Debbie Shields, City Clerk