Fire inspection (Fire Code compliance)

A buyer of any commercial premises may meet this term in the seller’s records or in a letter from the fire department. An inspector’s order is addressed to the owner or occupant of the premises, so ask early whether any order is open and how it fits your closing date. Related entries: fire safety plan and occupant load.

What Ontario’s Act says

Under Ontario’s Fire Protection and Prevention Act, 1997, s.19, an inspector may enter and inspect land and premises without a warrant to assess fire safety, at all reasonable times. After an inspection, s.21(1) lets the inspector order the owner or occupant to take any measure necessary to ensure fire safety on the land and premises, subject to the limit in s.22 on orders for structural repairs. With the Fire Marshal’s approval, an order can also require premises to be closed (s.21(2)). An order must give its reasons, the action required, the time to comply and the right to ask the Fire Marshal for review, or for a Fire Marshal’s own order the right of appeal to the Fire Safety Commission (s.23). A person aggrieved by an order of an inspector other than the Fire Marshal may submit a written request for that review within 15 days after the order is served (s.25(1)), and the Fire Marshal may extend that time (s.25(2)). The Fire Code (O. Reg. 213/07) says that, unless otherwise specified, the owner is responsible for carrying out its provisions.

What to ask

• Whether any inspection report or order has been served, on whom, and whether it is closed.
• Whether the premises have been inspected since the seller changed the layout or use.
• Whether the fire safety plan and the work done match what an order required.

The licences and permits in an Ontario business sale guide covers other approvals. This entry covers Ontario only; check the rules where the business is.