Regulation - Minister
Targeted Regulatory Exemption to the Ontario Fire Code Compliance Deadline for Sprinklers in Designated Long-Term Care (LTC) Homes
Regulation Number(s):
505/24
Instrument Type:
Regulation - Minister
Bill or Act:
Fire Protection and Prevention Act, 1997 (FPPA)
Summary of Decision:
Approved
Analysis of Regulatory Impact:
The ministry is undertaking an analysis of possible costs to the LTC sector; at this time, it is anticipated that there would be minimal net new costs associated with equipment, operations, administration and inspections arising from the proposed regulatory amendments.
Further Information:
Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
O. Reg. 213/07: FIRE CODE
O. Reg. 505/24: COMPLIANCE EXTENSION FOR LONG-TERM CARE HOMES
Proposal Number:
24-SOLGEN020
Posting Date:
October 24, 2024
Summary of Proposal:
All long-term care (LTC) homes will be required to have automatic sprinklers installed by January 1, 2025, as set out in article 9.4.5.5 of Division B of Ontario Regulation 213/07 (Ontario Fire Code) under the Fire Protection and Prevention Act, 1997 (FPPA).
Some homes will not complete sprinkler installation by January 1, 2025 and will be non-compliant. The Ministries of Long-Term Care (MLTC) and Solicitor General (SOLGEN) have formed a working group with key sector stakeholders to manage the risk of capacity loss from homes that may not have sprinklers installed by the deadline.
As part of this broader work, SOLGEN is proposing a targeted Minister's regulation under the FPPA to extend the sprinkler installation deadline for designated LTC homes by 18 months (from January 1, 2025 to July 1, 2026) while ensuring consistent application of fire safety criteria that an LTC Home must meet during the interim period.
The regulatory exemption would apply to specifically defined LTC homes that qualify under one of following three categories established by MLTC:
• Those that have a contract to install sprinklers in an existing building by July 1, 2026.
• Those that are party to an approved agreement to redevelop the home or beds at an existing or different location which will result in the home or beds being sprinklered by July 1, 2026.
• Those that are in the process of closing (with an MLTC-approved closure agreement).
This regulation would not apply to those LTC homes that are in compliance with the sprinklering requirements of the Ontario Fire Code (whether compliance is achieved by meeting the code's technical requirements or by having in place a Chief Fire Official-approved Alternative Solution or Life Safety Study).
To ensure staff and resident safety while the unsprinklered LTC homes work toward meeting compliance, the following additional fire safety criteria would apply to the LTC homes covered by the regulation:
• At least one supervisory staff in the LTC home is assigned to fire watch duty on a continuous basis to ensure that means of egress are kept clear and that fire hazards are noted and addressed.
• Prescribed supervisory staff to complete designated online fire safety training by January 31, 2025 and submit certificate of completion to local Chief Fire Official within 15 days of completion.
• More frequent observed fire drills for supervisory staff for an approved scenario on a cost recovery basis where applicable (frequency: every three months).
• More frequent fire safety inspections by local fire department on a cost recovery basis where applicable (frequency: every three months).
• Enhanced testing/maintenance for existing building fire alarm and voice communication systems and submission of records to local Chief Fire Official within 15 calendar days of receipt from service provider.
• A portable fire extinguisher to be provided at each nurses' station.
In addition, all LTC Homes will still be required to:
• Be in compliance with the Ontario Fire Code on all other fire safety requirements (i.e., no outstanding compliance or enforcement actions).
• Update their Fire Safety Plans as required by the Ontario Fire Code.
• Be in compliance with MLTC requirements related to resident safety.
Compliance will be enforced by local fire officials and/or MLTC inspections.
Further Information:
In May 2013, Ontario Regulation 150/13 was filed to amend the Ontario Fire Code with requirements that apply to care occupancies, care and treatment occupancies, and retirement homes regulated under the Retirement Homes Act, 2010.
To facilitate implementation by building owners and operators, compliance deadlines for these requirements have been phased in since January 1, 2014. The final compliance deadline of January 1, 2025, relates to sprinkler installation requirements under Article 9.4.5.5. of Division B of the Fire Code that apply both to:
• Buildings containing long-term care homes; and
• Homes for special care that are classified as either a care occupancy or care and treatment occupancy where sleeping accommodation is provided for more than ten residents.
Some homes will not complete sprinkler installation by January 1, 2025 and will be non-compliant. The Ministries of Long-Term Care (MLTC) and Solicitor General (SOLGEN) have formed a working group with key sector stakeholders to manage the risk of capacity loss from homes that may not have sprinklers installed by the deadline.
As part of this broader work, SOLGEN is proposing a targeted Minister's regulation under the FPPA to extend the sprinkler installation deadline for designated LTC homes by 18 months (from January 1, 2025 to July 1, 2026) while ensuring consistent application of fire safety criteria that an LTC Home must meet during the interim period.
The regulatory exemption would apply to specifically defined LTC homes that qualify under one of following three categories established by MLTC:
• Those that have a contract to install sprinklers in an existing building by July 1, 2026.
• Those that are party to an approved agreement to redevelop the home or beds at an existing or different location which will result in the home or beds being sprinklered by July 1, 2026.
• Those that are in the process of closing (with an MLTC-approved closure agreement).
This regulation would not apply to those LTC homes that are in compliance with the sprinklering requirements of the Ontario Fire Code (whether compliance is achieved by meeting the code's technical requirements or by having in place a Chief Fire Official-approved Alternative Solution or Life Safety Study).
To ensure staff and resident safety while the unsprinklered LTC homes work toward meeting compliance, the following additional fire safety criteria would apply to the LTC homes covered by the regulation:
• At least one supervisory staff in the LTC home is assigned to fire watch duty on a continuous basis to ensure that means of egress are kept clear and that fire hazards are noted and addressed.
• Prescribed supervisory staff to complete designated online fire safety training by January 31, 2025 and submit certificate of completion to local Chief Fire Official within 15 days of completion.
• More frequent observed fire drills for supervisory staff for an approved scenario on a cost recovery basis where applicable (frequency: every three months).
• More frequent fire safety inspections by local fire department on a cost recovery basis where applicable (frequency: every three months).
• Enhanced testing/maintenance for existing building fire alarm and voice communication systems and submission of records to local Chief Fire Official within 15 calendar days of receipt from service provider.
• A portable fire extinguisher to be provided at each nurses' station.
In addition, all LTC Homes will still be required to:
• Be in compliance with the Ontario Fire Code on all other fire safety requirements (i.e., no outstanding compliance or enforcement actions).
• Update their Fire Safety Plans as required by the Ontario Fire Code.
• Be in compliance with MLTC requirements related to resident safety.
Compliance will be enforced by local fire officials and/or MLTC inspections.
Further Information:
In May 2013, Ontario Regulation 150/13 was filed to amend the Ontario Fire Code with requirements that apply to care occupancies, care and treatment occupancies, and retirement homes regulated under the Retirement Homes Act, 2010.
To facilitate implementation by building owners and operators, compliance deadlines for these requirements have been phased in since January 1, 2014. The final compliance deadline of January 1, 2025, relates to sprinkler installation requirements under Article 9.4.5.5. of Division B of the Fire Code that apply both to:
• Buildings containing long-term care homes; and
• Homes for special care that are classified as either a care occupancy or care and treatment occupancy where sleeping accommodation is provided for more than ten residents.
Contact Address:
Ministry of the Solicitor General
Community Safety and Animal Welfare Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Community Safety and Animal Welfare Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Effective Date:
December 6, 2024
Decision:
Approved