[40] Bill 20 As Amended by Standing Committee (PDF)
Bill 20 2012
An Act to amend the Building Code Act, 1992 to require carbon monoxide detectors in certain residential buildings An Act to amend the Fire Protection and Prevention Act, 1997 to require carbon monoxide detectors in certain residential buildings
Note:
This Act amends the Building Code Act, 1992
Fire Protection and Prevention Act, 1997. For the legislative
history of the Act, see the Table of Consolidated Public Statutes – Detailed
Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The
Building Code Act, 1992 is amended by adding the
following section:
Carbon Monoxide
Detectors
Requirements
15.8.1 (1) In
this section,
"residential occupancy" and "suite" have the same
meaning as in Ontario Regulation 350/06 (Building Code) made under this Act.
("habitation", "suite")
Application
(2) This section applies to a
building only if it contains,
(a) one
or more rooms designed for residential occupancy; and
(b) a
fuel-burning appliance or a storage garage.
Installation
and maintenance
(3) The owner of a building shall ensure
that carbon monoxide detectors are installed in the building in accordance with
this section and are maintained in operating condition.
Location
(4) If a building contains a suite
that consists of only one room and that is used for residential occupancy, a
carbon monoxide detector shall be installed adjacent to each sleeping area in
the suite.
Same,
suite
(5) If a building contains a suite
that consists of more than one room and that is used for residential occupancy,
a carbon monoxide detector shall be installed,
(a) adjacent
to each sleeping area in the suite, if a fuel-burning appliance is installed in
the suite or in a service room that is adjacent to the suite;
(b) adjacent
to each sleeping area in the suite, if the building contains a storage garage
and the suite is adjacent to it; and
(c) in the
service room, if a fuel-burning appliance is installed in a service room that
is not in the suite.
Installation
requirements
(6) A
carbon monoxide detector shall,
(a) be
permanently connected to an electrical circuit and shall have no disconnect
switch between the overcurrent device and the carbon monoxide detector;
(b) be wired
so that its activation will activate all carbon monoxide detectors in the
suite, if the detector is located in a suite that is used for residential occupancy;
and
(c) conform
to the standards that are prescribed.
Pre-2001 buildings
(7) In
the case of a building that existed on August 6, 2001 or for which a permit was
issued on or before that day, a battery operated carbon monoxide detector or a
carbon monoxide detector that is plugged into an electrical circuit in the
building is deemed to comply with clauses (6) (a) and (b).
Instructions for
tenants
(8) If
a building contains rental units, the landlord shall provide a copy of the
maintenance instructions of the manufacturer of the carbon monoxide detector or
a prescribed alternative to the occupant in each of the rental units.
Disabling not
permitted
(9) No
person shall intentionally disable a carbon monoxide detector so as to make it
inoperable.
Conflict
(10) In
the event of a conflict between this section and any other Act or regulation or
municipal by-law, this section prevails.
Transition,
existing buildings
(11) This
section does not apply to existing buildings until 12 months after the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2011
receives Royal Assent.
Definition
(12) In
subsection (11),
"existing
building" means,
(a) a
building that exists on the day the Hawkins Gignac Act
(Carbon Monoxide Detectors), 2011 receives Royal Assent, or
(b) construction
for which a permit is issued on or before the day the Hawkins
Gignac Act (Carbon Monoxide Detectors), 2011 receives Royal Assent.
1. Part IV of the Fire Protection and Prevention Act, 1997 is amended by adding the following section:
Carbon monoxide detectors
12.1 (1) In this section,
"appliance", "building" "residential occupancy", "service room" and "suite" have the same meaning as in the fire code; ("appareil", "bâtiment", "habitation", "local technique", "suite")
"storage garage" has the same meaning as in the building code as defined in the Building Code Act, 1992. ("garage de stationnement")
Application
(2) This section applies to a building only if,
(a) the building contains one or more suites designed for residential occupancy; and
(b) a fuel-burning appliance is installed in the building or the building contains a storage garage.
Installation and maintenance
(3) The owner of a building shall ensure that carbon monoxide detectors are installed in the building in accordance with this section and are maintained in operating condition.
Location
(4) If a building contains only one suite designed for residential occupancy, a carbon monoxide detector shall be installed adjacent to each sleeping area in the suite.
Same, more than one suite
(5) If a building contains more than one suite designed for residential occupancy, a carbon monoxide detector shall be installed,
(a) adjacent to each sleeping area in a suite in the building if,
(i) a fuel-burning appliance is installed in the suite,
(ii) a fuel-burning appliance is installed in a service room that is adjacent to the suite, or
(iii) a storage garage contained in the building is located adjacent to the suite; and
(b) in the service room, if a fuel-burning appliance is installed in a service room that is not located in any of the suites.
Installation requirements
(6) A carbon monoxide detector required by this section shall,
(a) be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide detector;
(b) be wired so that its activation will activate all carbon monoxide detectors in the suite, if the detector is located in a suite that is used for residential occupancy; and
(c) conform to document number CAN/CSA-6.19 issued by the Canadian Standards Association and entitled "Residential Carbon Monoxide Alarming Devices", as it is amended from time to time, and whatever other standards are prescribed.
Pre-2001 buildings
(7) In the case of a building that existed on August 6, 2001 or for which a permit was issued under the Building Code Act, 1992 on or before that day, a battery operated carbon monoxide detector or a carbon monoxide detector that is plugged into an electrical circuit in the building is deemed to comply with clauses (6) (a) and (b).
Instructions for tenants
(8) If a building contains rental units, the landlord shall provide a copy of the maintenance instructions of the manufacturer of the carbon monoxide detector or a prescribed alternative to the tenant in each of the rental units.
Disabling not permitted
(9) No person shall intentionally disable a carbon monoxide detector required by this section so as to make it inoperable.
Conflict
(10) In the event of a conflict between this section and any other Act, any regulation made under any Act or any municipal by-law, this section prevails.
1.1 Subsection 78 (1) of the Act is amended by adding the following clauses:
(i.1) specifying standards for carbon monoxide detectors;
(i.2) specifying alternatives for the purpose of subsection 12.1 (8);
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Hawkins Gignac Act (Carbon Monoxide Detectors), 2012.
This reprint of the Bill is marked to indicate the changes that were made in Committee.
The
changes are indicated by underlines for new text and a strikethrough for deleted text.
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EXPLANATORY NOTE
The
Bill amends the Building Code Act, 1992 to require
owners of residential buildings that contain a fuel-burning device or a storage
garage to install carbon monoxide detectors in the buildings and to maintain
them in operating condition. The Bill sets out installation requirements and
requires the detectors to conform to the standards that are prescribed by the
regulations made under the Act. Intentionally disabling a carbon monoxide
detector is prohibited.
The Bill amends the Fire Protection and Prevention Act, 1997 to require owners of residential buildings in which a fuel-burning appliance is installed or a storage garage is located to install carbon monoxide detectors in the buildings and to maintain them in operating condition. The Bill sets out installation requirements and requires the detectors to conform to the standards that are prescribed by the regulations made under the Act. Intentionally disabling a carbon monoxide detector required by the Act is prohibited.