Landlords’ Responsibilities for Fire Safety in Ontario:
Who is Responsible for Fire Safety?
According to the Fire Code, the owner of the property is responsible for carrying out its provisions. In the case of rental properties, this means the landlord is responsible for ensuring compliance with fire safety requirements. This includes installing and maintaining alarms, in addition to performing regular tests to make sure that safety measures are in place to protect tenants from fire and carbon monoxide risks.
Smoke and Carbon Monoxide Alarms Under the Fire Code
As a landlord in Ontario, ensuring the safety of your tenants is not only an ethical obligation but a legal one. Under the Ontario Fire Code (O. Reg. 213/07), landlords have specific responsibilities regarding fire safety, particularly when it comes to the installation, maintenance, and testing of smoke and carbon monoxide alarms in rental properties.
Smoke Alarms: Installation and Maintenance
The Fire Code specifies that landlords must ensure the installation and maintenance of smoke alarms in specific locations within their rental units:
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- In the hallway outside all sleeping areas,
- Between a sleeping area and the rest of the dwelling if no hallway exists,
- Inside sleeping rooms if they are not part of the dwelling unit, and
- On every storey of the dwelling, even if there’s no sleeping area.
Carbon Monoxide Alarms: Installation and Maintenance
In addition to smoke alarms, landlords must also install carbon monoxide alarms under the following conditions:
- If there’s a fuel-burning appliance or fireplace in the unit, a carbon monoxide alarm must be placed adjacent to each sleeping area.
- For properties with storage garages, a carbon monoxide alarm must be installed near each sleeping area that shares a wall or floor with the garage.
Additional Maintenance for Smoke and Carbon Monoxide Alarms:
Alarms must be maintained in good working order and replaced according to the manufacturer’s instructions.
Primary and secondary power sources for alarms must always be maintained.
It is illegal to disable smoke and carbon monoxide alarms in any way.
For Rental Properties:
Landlords are required to test smoke and carbon monoxide alarms:
- annually and after every change in tenancy,
- after a battery replacement, and
- when any electrical work is being done on the circuit that the alarms are connected to.
Landlords shall ensure that any test of smoke and carbon monoxide alarm activates the visible signaling component, where required.
Landlords shall give tenants a copy of the smoke and carbon monoxide alarm manufacturer’s instructions.
Tenant’s Responsibility:
Tenants are required to notify the landlord if they become aware of a malfunctioning or disconnected smoke alarm.
Penalties for Non-Compliance
Failure to meet these responsibilities can result in prosecution under the Fire Protection and Prevention Act. Landlords must adhere to these regulations to avoid fines or legal action, but more importantly, to ensure the safety of their tenants and protect lives.
Take Action Now
If you’re a landlord, it’s crucial to familiarize yourself with your responsibilities under the Fire Code. By ensuring that smoke and carbon monoxide alarms are properly installed, maintained, and tested, you’re not only complying with the law—you’re also doing your part to safeguard the safety of your tenants.