Selecting the
Appropriate Order for Upgrades:
Fire Code, FSA Section 22 or
Section 33 Orders
[extracted and revised from OG
Issuing Orders – OG#5.05.03]
For some situations, the Local
Assistant can use one or all of the following. However, there are some upgrades
that are more appropriate with one type. The owner's whereabouts may have an affect on the delivery depending on the type of order. All orders cannot exceed Building Code requirements. When in doubt, contact the Regional Fire Service Advisors. The following does not cover a FSA Section 25 order.
Section 22 orders:
- Not appropriate for
general upgrade orders.
- Can apply to buildings
other than public buildings and hotels.
- Use to require smoke
alarms in dwelling units not in public buildings or hotels as a “proper
precaution” to Section 21 (d) orders.
- Use if the desired end
result is to prohibit an occupancy that presents a life and fire safety
danger, e.g. a single family dwelling not properly converted to “hotel” and
poses danger if use is continued.
- Owner may appeal to the
Fire Commissioner.
Section 33 orders:
- The building is a
“hotel” (under FSA) or public building.
- For overall upgrade
orders on fire and smoke detection, fire alarm, sprinklers, fire
extinguishing, exit lights, emergency lights and means of exits.
- Usually for violations
involving getting people out of a building in an emergency.
- Use if wanting to
conduct the inspection without the owner - “at any time”.
- Cannot exceed Building
Code requirements.
- More general application
for systematic upgrades.
- Use if the proposed
solution may not meet exactly a prescribed code requirement but is deemed an
“alteration” or “improvement” to the LAFC.
- Order must be delivered in person by the Local Assistant to the owner.
- Owner may appeal Section
33 orders to the Fire Commissioner.
Fire Code orders:
- In most situations, can apply to buildings
other than public buildings and hotels.
- For upgrade orders on
kitchen exhaust systems and for installation of spray booths.
- Must be able to
reference an applicable sentence or clause in the Fire Code.
- Use where there are
several code violations in a building.
- More appropriate if
accepting “alternative solutions” or equivalencies.
- Can be cumbersome in the delivery if the owner is a Strata Corporation (Fire Code orders are not covered under FSA Section 4.1.1).
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Fire Legislation
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is Upgrading?
Return to Upgrading
of Existing Buildings - Introduction
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