May 25, 2020
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The Fire Safety Commission (FSC) is an independent, quasi-judicial agency. It is one of five tribunals in the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO) cluster.
The FSC resolves disputes and conducts hearings regarding fire safety matters, including orders made by inspectors or the Fire Marshal for repairs, alterations or installations to a building, structure or premises.
Powers of the FSC
Under the Fire Protection and Prevention Act (FPPA), following a hearing the FSC has the power to:
- Confirm, amend or rescind an inspection order or review an order of the Fire Marshal, or make any other order the FSC deems appropriate.
- Authorize an inspector to have the work required under an order completed; rescind the order; or amend the order or make any other order the Commission deems should have been made under the relevant section and order the inspector to have the work completed.
- Confirm, amend (including explicit power to increase) or rescind an order to pay costs.
The Office of the Fire Marshal (OFM) is a branch of the Community Safety Division of the Ministry of Community Safety and Correctional Services. The OFM is responsible for promoting fire protection, fire prevention and public safety in Ontario.
To learn more about the OFM, please visit their website here.
The FPPA provides fire officials, fire inspectors and firefighters with various powers to enter and inspect properties or buildings.
Under section 21(1) of the FPPA, inspectors are authorized to order the owner or occupant of land or premises to take any measure necessary to ensure fire safety.
Review of Inspection Orders by the Fire Marshal
Under section 25(1) of the FPPA, if a person disagrees with an inspection order they can submit a written request to the Fire Marshal for a review of the order. The Fire Marshal (or a delegate) can refuse to consider the request and refer the matter directly to the FSC for a hearing, or the Fire Marshal can review the matter and confirm, amend or rescind the order and make any orders it determine are appropriate in the circumstances.